sec.109Return of seized things

sec.109 Return of seized things

If a seized thing is not forfeited, or destroyed or disposed of under section 104 (2) , the authorised officer must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding. Despite subsection (1) , unless the thing is forfeited, or destroyed or disposed of under section 104 (2) , the authorised officer must immediately return a thing seized to its owner if the authorised officer stops being satisfied— its continued retention as evidence is necessary; or its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence. (sec.109-ssec.1) If a seized thing is not forfeited, or destroyed or disposed of under section 104 (2) , the authorised officer must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding. (sec.109-ssec.2) Despite subsection (1) , unless the thing is forfeited, or destroyed or disposed of under section 104 (2) , the authorised officer must immediately return a thing seized to its owner if the authorised officer stops being satisfied— its continued retention as evidence is necessary; or its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.

• (a) at the end of 6 months; or
• (b) if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.
• (a) its continued retention as evidence is necessary; or
• (b) its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.