Commonwealth Consolidated Acts

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Return of seized things

  (1)   Subject to any contrary order of a court, if a person (the seizer ) seizes a thing under this Division, the person 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)   the period of 120 days after its seizure ends;

whichever first occurs, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

  (2)   At the end of the 120 days specified in subsection   (1), the seizer must take reasonable steps to return the thing to the person from whom it was seized (or to the owner if that person is not entitled to possess it), unless:

  (a)   proceedings in respect of which the thing may afford evidence were instituted before the end of the 120 days and have not been completed (including an appeal to a court in relation to those proceedings); or

  (b)   an inspector may retain the thing because of an order under section   154V; or

  (c)   the seizer 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 thing.

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