sec.309Return of seized thing

### sec.309 Return of seized thing This section applies if a seized thing has some intrinsic value and is not— forfeited or transferred under subdivision 4 or 5 ; or subject to a disposal order under division 6 . The authorised officer must return the seized thing to an owner— for a thing seized under section 299 or 300 — 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; or for a thing seized under section 320 , if— the thing ceases to be a biosecurity risk; or the authorised officer is satisfied the return of the thing is unlikely to result in the recurrence of the biosecurity risk in relation to which it was seized. Despite subsection (2) , if the thing was seized as evidence, the authorised officer must return the thing seized to an owner as soon as practicable after the authorised officer is satisfied— its continued retention as evidence is no longer required; and its continued retention is not necessary to prevent it being used to continue, or repeat, an offence against this Act; and it is lawful for the owner to possess it. Nothing in this section affects a lien or other security over the seized thing. (sec.309-ssec.1) This section applies if a seized thing has some intrinsic value and is not— forfeited or transferred under subdivision 4 or 5 ; or subject to a disposal order under division 6 . (sec.309-ssec.2) The authorised officer must return the seized thing to an owner— for a thing seized under section 299 or 300 — 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; or for a thing seized under section 320 , if— the thing ceases to be a biosecurity risk; or the authorised officer is satisfied the return of the thing is unlikely to result in the recurrence of the biosecurity risk in relation to which it was seized. (sec.309-ssec.3) Despite subsection (2) , if the thing was seized as evidence, the authorised officer must return the thing seized to an owner as soon as practicable after the authorised officer is satisfied— its continued retention as evidence is no longer required; and its continued retention is not necessary to prevent it being used to continue, or repeat, an offence against this Act; and it is lawful for the owner to possess it. (sec.309-ssec.4) Nothing in this section affects a lien or other security over the seized thing. - (a) forfeited or transferred under subdivision 4 or 5 ; or - (b) subject to a disposal order under division 6 . - (a) for a thing seized under section 299 or 300 — (i) generally—at the end of 6 months after the seizure; or (ii) 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; or - (i) generally—at the end of 6 months after the seizure; or - (ii) 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; or - (b) for a thing seized under section 320 , if— (i) the thing ceases to be a biosecurity risk; or (ii) the authorised officer is satisfied the return of the thing is unlikely to result in the recurrence of the biosecurity risk in relation to which it was seized. - (i) the thing ceases to be a biosecurity risk; or - (ii) the authorised officer is satisfied the return of the thing is unlikely to result in the recurrence of the biosecurity risk in relation to which it was seized. - (i) generally—at the end of 6 months after the seizure; or - (ii) 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; or - (i) the thing ceases to be a biosecurity risk; or - (ii) the authorised officer is satisfied the return of the thing is unlikely to result in the recurrence of the biosecurity risk in relation to which it was seized. - (a) its continued retention as evidence is no longer required; and - (b) its continued retention is not necessary to prevent it being used to continue, or repeat, an offence against this Act; and - (c) it is lawful for the owner to possess it.