sec.202Return of seized property other than an animal

sec.202 Return of seized property other than an animal

This section applies if— an inspector has, under this division or a warrant, seized a thing other than an animal; and the thing has some intrinsic value; and the owner of the thing has not agreed in writing to transfer ownership of it to the State; and the thing has not been forfeited under division 6 ; and a disposal order has not been made in relation to the thing. The inspector must return the thing to its 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) , the inspector must promptly return a thing seized as evidence to its owner if the inspector is satisfied— its continued retention as evidence is no longer required; and its continued retention is not necessary to prevent the thing being used to continue, or repeat, the offence; and it is lawful for the person to possess the thing. If, at the time mentioned in subsection (2) , an application has been made for a disposal order in relation to the thing, the inspector must promptly return the thing to its owner if the application— is withdrawn; or has been finally decided or otherwise ended and a disposal order has not been made in relation to the thing. Nothing in this section affects a lien or other security over the thing. (sec.202-ssec.1) This section applies if— an inspector has, under this division or a warrant, seized a thing other than an animal; and the thing has some intrinsic value; and the owner of the thing has not agreed in writing to transfer ownership of it to the State; and the thing has not been forfeited under division 6 ; and a disposal order has not been made in relation to the thing. (sec.202-ssec.2) The inspector must return the thing to its 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.202-ssec.3) Despite subsection (2) , the inspector must promptly return a thing seized as evidence to its owner if the inspector is satisfied— its continued retention as evidence is no longer required; and its continued retention is not necessary to prevent the thing being used to continue, or repeat, the offence; and it is lawful for the person to possess the thing. (sec.202-ssec.4) If, at the time mentioned in subsection (2) , an application has been made for a disposal order in relation to the thing, the inspector must promptly return the thing to its owner if the application— is withdrawn; or has been finally decided or otherwise ended and a disposal order has not been made in relation to the thing. (sec.202-ssec.5) Nothing in this section affects a lien or other security over the thing.

• (a) an inspector has, under this division or a warrant, seized a thing other than an animal; and