QLDIn ForceAct
Fair Trading Act 1989
sec.91BReturning the seized goods
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### sec.91B Returning the seized goods
The commissioner must return the seized goods to their owner at the end of—
9 months; or
if a prosecution for an offence, or a relevant pecuniary penalty proceeding, involving the seized goods is started within the 9 months—the prosecution for the offence, or the relevant pecuniary penalty proceeding, and any appeal from the prosecution or relevant pecuniary penalty proceeding.
Despite subsection (1) , the commissioner must return the seized goods to their owner immediately if the commissioner is not satisfied or stops being satisfied the retention of the goods as evidence is necessary.
In this section—
relevant pecuniary penalty proceeding means a proceeding under the Australian Consumer Law (Queensland), chapter 5 , part 5 -2, division 1 in relation to an act or omission to which section 224 of that law applies.
s 91B ins 1997 No. 12 s 40
amd 2010 No. 54 s 32
(sec.91B-ssec.1) The commissioner must return the seized goods to their owner at the end of— 9 months; or if a prosecution for an offence, or a relevant pecuniary penalty proceeding, involving the seized goods is started within the 9 months—the prosecution for the offence, or the relevant pecuniary penalty proceeding, and any appeal from the prosecution or relevant pecuniary penalty proceeding.
(sec.91B-ssec.2) Despite subsection (1) , the commissioner must return the seized goods to their owner immediately if the commissioner is not satisfied or stops being satisfied the retention of the goods as evidence is necessary.
(sec.91B-ssec.3) In this section— relevant pecuniary penalty proceeding means a proceeding under the Australian Consumer Law (Queensland), chapter 5 , part 5 -2, division 1 in relation to an act or omission to which section 224 of that law applies.
- (a) 9 months; or
- (b) if a prosecution for an offence, or a relevant pecuniary penalty proceeding, involving the seized goods is started within the 9 months—the prosecution for the offence, or the relevant pecuniary penalty proceeding, and any appeal from the prosecution or relevant pecuniary penalty proceeding.