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Health Practitioner Regulation National Law Act 2009
sch-sec.16-oc.4Return of seized things
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### sch-sec.16-oc.4 Return of seized things
If a seized thing has not been forfeited, the inspector must return it to its owner—
if proceedings involving the thing are started within 6 months after the thing is seized—at the end of the proceedings and any appeal from the proceedings; or
otherwise—
6 months after the thing is seized; or
at the end of any longer time for which the thing may be kept under subclause (3).
Despite subclause (1), unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector is no longer satisfied its continued retention as evidence is necessary.
If the seized thing is a document, the inspector may keep it while the inspector is satisfied it is needed, or may be needed, for the purposes of—
a proceeding for an offence against this Law that is likely to be started or that has been started but not completed; or
an appeal from a decision in a proceeding for an offence against this Law.
sch sch 6 s 16 amd 2019 No. 3 s 23
(sch-sec.16-oc.4-ssec.1) If a seized thing has not been forfeited, the inspector must return it to its owner— if proceedings involving the thing are started within 6 months after the thing is seized—at the end of the proceedings and any appeal from the proceedings; or otherwise— 6 months after the thing is seized; or at the end of any longer time for which the thing may be kept under subclause (3).
(sch-sec.16-oc.4-ssec.2) Despite subclause (1), unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector is no longer satisfied its continued retention as evidence is necessary.
(sch-sec.16-oc.4-ssec.3) If the seized thing is a document, the inspector may keep it while the inspector is satisfied it is needed, or may be needed, for the purposes of— a proceeding for an offence against this Law that is likely to be started or that has been started but not completed; or an appeal from a decision in a proceeding for an offence against this Law.
- (a) if proceedings involving the thing are started within 6 months after the thing is seized—at the end of the proceedings and any appeal from the proceedings; or
- (b) otherwise— (i) 6 months after the thing is seized; or (ii) at the end of any longer time for which the thing may be kept under subclause (3).
- (i) 6 months after the thing is seized; or
- (ii) at the end of any longer time for which the thing may be kept under subclause (3).
- (i) 6 months after the thing is seized; or
- (ii) at the end of any longer time for which the thing may be kept under subclause (3).
- (a) a proceeding for an offence against this Law that is likely to be started or that has been started but not completed; or
- (b) an appeal from a decision in a proceeding for an offence against this Law.