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Education and Care Services National Law Act 2010
202Seized items
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202 Seized items
Sch. s. 202(1) amended by No. 9/2017 s. 58.
(1) If an authorised officer has taken a thing under section 199, 200 or 200A or under a search warrant under section 201, the authorised officer must take reasonable steps to return the thing to the person from whom it was taken if the reason for the taking no longer exists.
(2) If the thing has not been returned within 60 days after it was taken, the authorised officer must take reasonable steps to return it unless—
(a) proceedings have been commenced within the period of 60 days and those proceedings (including any appeal) have not been completed; or
(b) a court makes an order under section 203 extending the period the thing can be retained.
Sch. s. 202(3) amended by No. 9/2017 s. 58.
(3) If an authorised officer has taken a thing under section 199, 200 or 200A or under a search warrant under section 201, the authorised officer must provide the owner of the thing with reasonable access to the thing.