Document ID: chunk:federal_register_of_legislation:C2024C00486:section:107ea
Version: federal_register_of_legislation:C2024C00486
Segment Type: section
Provision Reference: s 107EA
Character Range: 220904–221994

107EA  Retention of things seized under a search warrant etc.
 (1) Subject to any law of the Commonwealth, a State or a Territory permitting the retention, destruction or disposal of a thing seized as evidential material by an officer under a search warrant or section 9 of the Crimes Act 1914, the officer in charge of the investigation must return it if:
 (a) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or
 (b) 120 days after its seizure:
 (i) proceedings in respect of which the thing may afford evidence have not been started; and
 (ii) an order permitting the thing to be retained has not been made under section 107EB; and
 (iii) an order of a court of the Commonwealth or of a State or Territory permitting the retention, destruction or disposal of the thing has not been made;
whichever first occurs.
 (2) For the purposes of this section, the return of a thing requires its return to the person reasonably believed to be the owner of the thing in a condition as near as practicable to the condition in which it was seized.