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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 449BB

How this Part applies in relation to things released conditionally

  (1)   This section applies if a thing, or anything in, on or attached to a thing, seized under this Part   is released on conditions to a person under section   449BA. The provision of this Part   under which the seizure was made is the seizure provision , and the thing that is released is the released thing .

  (2)   Subject to this section, the provisions of this Part   that apply in relation to things seized under the seizure provision continue to apply to the released thing as if it had not been released.

  (3)   A reference in a provision of this Part   to the return or delivery of the released thing to a person is, if the person is the person to whom the thing has been released, taken to be a reference to making the release of the thing to the person unconditional.

  (4)   The regulations may specify modifications of provisions of this Part   that are to have effect in relation to things to which this section applies. However, regulations must not:

  (a)   increase, or have the effect of increasing, the maximum penalty for any offence; or

  (b)   widen, or have the effect of widening, the scope of any offence.


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