58Requirement for registrant to give product—retention and return of product

58 Requirement for registrant to give product—retention and return of product

Retention etc. of product (1) If a product is given to a GEMS inspector in accordance with a requirement under subsection 57(1), the GEMS inspector: (a) may take possession of the product; and (b) may retain the product (but see subsection (2) of this section); and (c) must provide a receipt for the product.

Note: The product may be tested under section 126.

Return of product (2) The GEMS Regulator must take reasonable steps to return the product to the registrant or a contact person for the registration when the earliest of the following happens: (a) it is no longer necessary to retain the product for the purposes of determining whether the model complies with the GEMS determination against which it is registered; (b) it is decided that the product is not to be used in evidence; (c) the 6‑month period after the product was given to the GEMS Regulator ends. Exception to requirement to return product (3) Subsection (2): (a) is subject to any contrary order of a court; and (b) does not apply if the product: (i) is forfeited or forfeitable to the Commonwealth; or (ii) is the subject of a dispute as to ownership. (4) The GEMS Regulator is not required to take reasonable steps to return the product because of subsection (2) if: (a) proceedings in respect of which the product may afford evidence were instituted before the end of 6 months after the product was given to the GEMS Regulator, and have not been completed (including an appeal to a court in relation to those proceedings); or (b) the product may continue to be retained because of an order under section 59; or (c) the Commonwealth or the GEMS Regulator is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the product.