Fair Trading Inspectors Act 2014
sec.49Return of seized thing
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sec.49 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 ; or subject to a disposal order under division 4 . The inspector must return the seized thing to an owner— generally—at the end of 1 year after the seizure; or if a proceeding for an offence involving the thing is started within the 1 year—at the end of the proceeding and any appeal from the proceeding. Despite subsection (2) , if the thing was seized as evidence, the inspector must return the thing seized to an owner as soon as practicable after the inspector is satisfied— its continued retention as evidence is no longer necessary; 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.49-ssec.1) This section applies if a seized thing has some intrinsic value and is not— forfeited or transferred under subdivision 4 or 5 ; or subject to a disposal order under division 4 . (sec.49-ssec.2) The inspector must return the seized thing to an owner— generally—at the end of 1 year after the seizure; or if a proceeding for an offence involving the thing is started within the 1 year—at the end of the proceeding and any appeal from the proceeding. (sec.49-ssec.3) Despite subsection (2) , if the thing was seized as evidence, the inspector must return the thing seized to an owner as soon as practicable after the inspector is satisfied— its continued retention as evidence is no longer necessary; and it is lawful for the owner to possess it. (sec.49-ssec.4) Nothing in this section affects a lien or other security over the seized thing.
- (a) forfeited or transferred under subdivision 4 or 5 ; or
- (b) subject to a disposal order under division 4 .
- (a) generally—at the end of 1 year after the seizure; or
- (b) if a proceeding for an offence involving the thing is started within the 1 year—at the end of the proceeding and any appeal from the proceeding.
- (a) its continued retention as evidence is no longer necessary; and
- (b) it is lawful for the owner to possess it.