16Return of seized things

16 Return of seized things

(1) The Secretary must take reasonable steps to return a thing seized under Part 2 of the Regulatory Powers Act, as that Part applies in relation to the levy law and to the information mentioned in subsection 13(2) of this Act, when the earliest of the following happens: (a) the reason for the thing’s seizure no longer exists; (b) it is decided that the thing is not to be used in evidence; (c) the period of 60 days after the thing’s seizure ends.

Note: See subsections (2) and (3) for exceptions to this rule.

Exceptions (2) Subsection (1): (a) is subject to any contrary order of a court; and (b) does not apply if the thing: (i) is forfeited or forfeitable to the Commonwealth; or (ii) is the subject of a dispute as to ownership. (3) The Secretary is not required to take reasonable steps to return a thing because of paragraph (1)(c) if: (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and those proceedings (and any appeal from those proceedings) have not been completed; or (b) the thing may continue to be retained because of an order under section 17; or (c) the Commonwealth or the Secretary 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 thing. Return of thing (4) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).