444DCourt action for return of specimen

444D  Court action for return of specimen

 (1) If a specimen is seized under section 444A, the owner of the specimen may bring an action against the Commonwealth in a court of competent jurisdiction for the delivery of the specimen to the owner on the ground that the specimen was not used or otherwise involved in the commission of an offence against Part 13A.

 (2) An action under subsection (1) must be brought:

 (a) within 30 days after the seizure; or

 (b) if a notice is given under subsection 444B(1) in relation to the specimen—within 30 days after the giving of the notice.

 (a) an action is brought under subsection (1); and

 (b) the court finds that the specimen was used or otherwise involved in the commission of the offence concerned;

the court must order the specimen to be forfeited to the Commonwealth.

 (4) If:

 (a) an action is brought under subsection (1); and

 (b) the action is discontinued by the owner otherwise than because of:

 (i) the delivery of the specimen to the owner; or

 (ii) the forfeiture of the specimen to the Commonwealth; or

 (iii) the disposal of the specimen under section 449;

the specimen is forfeited to the Commonwealth.