sec.153Return of other seized property

sec.153 Return of other seized property

This section applies if— an inspector has, under this part or a warrant, seized a thing other than an animal; and the thing has some intrinsic value; and the owner of the thing has not, under this part, agreed in writing to transfer ownership of it to the State or a prescribed entity; and the thing has not been forfeited under this part; and a disposal order has not been made in relation to the thing. If no application has been made for a disposal order in relation to the thing, the inspector must, return the thing to its owner— generally—at the end of 6 months after the seizure; or if a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding. Despite subsection (2) , the inspector must promptly return a thing seized as evidence to its owner if the inspector is satisfied— its continued retention as evidence is no longer required; and its continued retention is not necessary to prevent the thing being used to continue, or repeat, the offence; and it is lawful for the person to possess the thing. If, at the time mentioned in subsection (2) , an application has been made for a disposal order in relation to the thing the inspector must promptly return the thing to its owner if the application— is withdrawn; or has been finally decided or otherwise ended and a disposal order has not been made in relation to the thing. Nothing in this section affects a lien or other security over the thing. (sec.153-ssec.1) This section applies if— an inspector has, under this part or a warrant, seized a thing other than an animal; and the thing has some intrinsic value; and the owner of the thing has not, under this part, agreed in writing to transfer ownership of it to the State or a prescribed entity; and the thing has not been forfeited under this part; and a disposal order has not been made in relation to the thing. (sec.153-ssec.2) If no application has been made for a disposal order in relation to the thing, the inspector must, return the thing to its owner— generally—at the end of 6 months after the seizure; or if a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding. (sec.153-ssec.3) Despite subsection (2) , the inspector must promptly return a thing seized as evidence to its owner if the inspector is satisfied— its continued retention as evidence is no longer required; and its continued retention is not necessary to prevent the thing being used to continue, or repeat, the offence; and it is lawful for the person to possess the thing. (sec.153-ssec.4) If, at the time mentioned in subsection (2) , an application has been made for a disposal order in relation to the thing the inspector must promptly return the thing to its owner if the application— is withdrawn; or has been finally decided or otherwise ended and a disposal order has not been made in relation to the thing. (sec.153-ssec.5) Nothing in this section affects a lien or other security over the thing.