49When documents and things must be returned

49 When documents and things must be returned

(1) This section applies if the Inspector‑General is satisfied that a document or thing produced to the Inspector‑General under subsection 44(2) is not required (or is no longer required) for the purposes of the performance of any of the Inspector‑General’s functions referred to in paragraphs 10(1)(a) to (d). (2) The Inspector‑General must take reasonable steps to return the document or thing to the person from whom it was received, or to the owner if that person is not entitled to possess it. (3) However, the Inspector‑General does not have to take those steps if: (a) possession of the document or thing by a person could constitute an offence; or (b) the document or thing may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or (c) the document or thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.