Queensland Consolidated Acts

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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 87RL

Return of seized thing

87RL Return of seized thing

(1) This section applies if a seized thing is not forfeited or transferred under subdivision 3 or 4 .
(2) As soon as the commission stops being satisfied there are reasonable grounds for retaining the thing, the commission must return it to its owner.
(3) If the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the commission for its return.
(4) Within 30 days after receiving the application, the commission must—
(a) if the commission is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice for the decision; or
(b) otherwise—return the thing to the owner.
(5) For this section, there are reasonable grounds for retaining a seized thing if—
(a) the thing is being, or is likely to be, examined; or
(b) the thing is needed, or may be needed, for the purposes of—
(i) a proceeding for an offence against this Act or the National Injury Act that is likely to be started or that has been started but not completed; or
(ii) an appeal from a decision in a proceeding for an offence against this Act or the National Injury Act ; or
(c) it is not lawful for the owner to possess the thing.
(6) Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.
(7) Nothing in this section affects a lien or other security over the seized thing.
(8) In this section—

"examine" includes analyse, test, measure, weigh, grade, gauge and identify.



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