QLDIn ForceAct
Forestry Act 1959
sec.82EChief executive’s obligation to return seized things
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### sec.82E Chief executive’s obligation to return seized things
The chief executive must return a seized thing to its owner at the end of—
6 months; or
if a prosecution for an offence involving the forest products or quarry material to which the seizure of the thing related is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.
Despite subsection (1) , the chief executive must return the thing to its owner immediately if the chief executive is not satisfied, or stops being satisfied, its retention as evidence is necessary.
However, the chief executive may keep the thing if the chief executive believes, on reasonable grounds, the thing is liable to forfeiture under this Act.
This section does not require the return of a thing that has been forfeited under section 82F , 82G or 82L or another law.
s 82E ins 1997 No. 20 s 11
amd 2000 No. 26 s 12 sch 1
(sec.82E-ssec.1) The chief executive must return a seized thing to its owner at the end of— 6 months; or if a prosecution for an offence involving the forest products or quarry material to which the seizure of the thing related is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.
(sec.82E-ssec.2) Despite subsection (1) , the chief executive must return the thing to its owner immediately if the chief executive is not satisfied, or stops being satisfied, its retention as evidence is necessary.
(sec.82E-ssec.3) However, the chief executive may keep the thing if the chief executive believes, on reasonable grounds, the thing is liable to forfeiture under this Act.
(sec.82E-ssec.4) This section does not require the return of a thing that has been forfeited under section 82F , 82G or 82L or another law.
- (a) 6 months; or
- (b) if a prosecution for an offence involving the forest products or quarry material to which the seizure of the thing related is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.