Health Ombudsman Act 2013
sec.220Return of seized thing
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sec.220 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 authorised person must return the seized thing to an owner— generally—at the end of 6 months after the seizure; or if a proceeding for an offence involving the thing, or a disciplinary proceeding in which the thing is proposed to be used as evidence, is started within the 6 months—at the end of the proceeding and any appeal from the proceeding. Despite subsection (2) , if the thing was seized as evidence, the authorised person must return the thing seized to an owner as soon as practicable after the authorised person 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.220-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.220-ssec.2) The authorised person must return the seized thing to an owner— generally—at the end of 6 months after the seizure; or if a proceeding for an offence involving the thing, or a disciplinary proceeding in which the thing is proposed to be used as evidence, is started within the 6 months—at the end of the proceeding and any appeal from the proceeding. (sec.220-ssec.3) Despite subsection (2) , if the thing was seized as evidence, the authorised person must return the thing seized to an owner as soon as practicable after the authorised person is satisfied— its continued retention as evidence is no longer necessary; and it is lawful for the owner to possess it. (sec.220-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 6 months after the seizure; or
- (b) if a proceeding for an offence involving the thing, or a disciplinary proceeding in which the thing is proposed to be used as evidence, is started within the 6 months—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.