Education and Care Services Act 2013
sec.170Return of seized thing
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sec.170 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 . The authorised officer must return the seized thing to an 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) , 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 necessary; 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.170-ssec.1) This section applies if a seized thing has some intrinsic value and is not forfeited or transferred under subdivision 4 or 5 . (sec.170-ssec.2) The authorised officer must return the seized thing to an 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.170-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 necessary; 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.170-ssec.4) Nothing in this section affects a lien or other security over the seized thing.
- (a) generally—at the end of 6 months after the seizure; or
- (b) 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.
- (a) its continued retention as evidence is no longer necessary; 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.