69EGBReturn of seized things

69EGB Return of seized things

(1) An inspector must take reasonable steps to return a thing seized under an investigation warrant when the earliest of the following happens: (a) the reason for the thing’s seizure no longer exists; (b) it is decided that the thing is not to be used in evidence; (c) the period of 60 days after the thing’s seizure ends. Exceptions (2) Subsection (1): (a) is subject to any contrary order of a court; and (b) does not apply if the thing: (i) is forfeited or forfeitable to the APVMA (see section 69ET); or (ii) is the subject of a dispute as to ownership. (3) The inspector is not required to take reasonable steps to return a thing because of paragraph (1)(c) if: (a) proceedings in which the thing may be used in evidence were begun 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) the inspector may keep the thing because of an order under section 69EGC; or (c) the inspector is authorised by this Part or by an order of a court to keep, destroy or dispose of the thing.