Document ID: chunk:federal_register_of_legislation:C2010A00125:clause:1_55a
Version: federal_register_of_legislation:C2010A00125
Segment Type: clause
Provision Reference: sch 1 cl 55A
Character Range: 44708–46322

55A  Return of books, records or documents removed by, or produced to, inspectors
 (1) Subject to any contrary order of a court, if:
 (a) either:
 (i) an inspector removes a book, record or document under paragraph 51A(1)(e); or
 (ii) a person produces a book, record or document to an inspector in compliance with a requirement under subsection 54(1); and
 (b) the book, record or document is in the inspector's possession;
the inspector must return the book, record or document if:
 (c) the reason for its removal or production no longer exists or it is decided that it is not to be used in evidence; or
 (d) the period of 60 days after its removal or production ends;
whichever first occurs, unless the book, record or document is forfeited to the Commonwealth.
Note: For forfeiture, see Division 3.
 (2) At the end of the 60 days specified in subsection (1), an inspector must take reasonable steps to return the book, record or document to the person from whom it was removed, or who produced it, unless:
 (a) proceedings in respect of which the book, record or document may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or
 (b) an inspector may retain the book, record or document because of an order under section 55B; or
 (c) the owner of the book, record or document consents to it not being returned; or
 (d) an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the book, record or document.