sec.32Returning seized thing

sec.32 Returning seized thing

This section applies if an inspector has seized a thing under section 20 (1) (g) . If the thing was seized as evidence, the chief executive must return the thing to its owner if the chief executive is satisfied— it is no longer necessary to keep the thing as evidence; and it is no longer necessary to keep the thing to prevent the thing from being possessed or used to commit the offence for which the thing was seized; and it is lawful for the owner to possess the thing. Subject to subsection (2) , the chief executive must return the thing to its owner unless the chief executive is satisfied there are reasonable grounds to keep the thing. Without limiting subsection (3) , there are reasonable grounds to keep the thing if— it is unlawful for the owner to possess the thing; or the thing is likely to be dealt with in contravention of a notice given under section 16 , if it is returned to the owner; or the thing is likely to be dealt with contrary to an approval given under section 17 , if it is returned to the owner; or the thing is likely to be used, stored, disposed of or otherwise dealt with contrary to this Act; or the thing is needed, or may be needed, for— a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or an appeal from a decision in a proceeding for an offence against this Act. Nothing in this section affects a lien or other security over the seized thing. s 32 sub 2024 No. 17 s 121 (sec.32-ssec.1) This section applies if an inspector has seized a thing under section 20 (1) (g) . (sec.32-ssec.2) If the thing was seized as evidence, the chief executive must return the thing to its owner if the chief executive is satisfied— it is no longer necessary to keep the thing as evidence; and it is no longer necessary to keep the thing to prevent the thing from being possessed or used to commit the offence for which the thing was seized; and it is lawful for the owner to possess the thing. (sec.32-ssec.3) Subject to subsection (2) , the chief executive must return the thing to its owner unless the chief executive is satisfied there are reasonable grounds to keep the thing. (sec.32-ssec.4) Without limiting subsection (3) , there are reasonable grounds to keep the thing if— it is unlawful for the owner to possess the thing; or the thing is likely to be dealt with in contravention of a notice given under section 16 , if it is returned to the owner; or the thing is likely to be dealt with contrary to an approval given under section 17 , if it is returned to the owner; or the thing is likely to be used, stored, disposed of or otherwise dealt with contrary to this Act; or the thing is needed, or may be needed, for— a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or an appeal from a decision in a proceeding for an offence against this Act. (sec.32-ssec.5) Nothing in this section affects a lien or other security over the seized thing.