sec.79Return of seized thing

sec.79 Return of seized thing

This section applies if a seized thing is not— forfeited or dealt with under sections 80 to 83 ; or subject to a disposal order under section 84 . As soon as the chief executive stops being satisfied there are reasonable grounds for retaining the thing, the chief executive must return it to its owner. If the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the chief executive for its return. Within 30 days after receiving the application, the chief executive must— if the chief executive is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner written notice of the decision, including the grounds for retaining the thing; or otherwise—return the thing to the owner. For this section, there are reasonable grounds for retaining a seized thing if— the thing is being, or is likely to be, examined; or the thing is needed, or may be needed, for the purposes of— a proceeding for an offence against this Act 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 Act; or it is not lawful for the owner to possess the thing. Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing. Nothing in this section affects a lien or other security over the seized thing. In this section— examine includes analyse, test, measure, weigh, grade, gauge and identify. (sec.79-ssec.1) This section applies if a seized thing is not— forfeited or dealt with under sections 80 to 83 ; or subject to a disposal order under section 84 . (sec.79-ssec.2) As soon as the chief executive stops being satisfied there are reasonable grounds for retaining the thing, the chief executive must return it to its owner. (sec.79-ssec.3) If the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the chief executive for its return. (sec.79-ssec.4) Within 30 days after receiving the application, the chief executive must— if the chief executive is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner written notice of the decision, including the grounds for retaining the thing; or otherwise—return the thing to the owner. (sec.79-ssec.5) For this section, there are reasonable grounds for retaining a seized thing if— the thing is being, or is likely to be, examined; or the thing is needed, or may be needed, for the purposes of— a proceeding for an offence against this Act 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 Act; or it is not lawful for the owner to possess the thing. (sec.79-ssec.6) Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing. (sec.79-ssec.7) Nothing in this section affects a lien or other security over the seized thing. (sec.79-ssec.8) In this section— examine includes analyse, test, measure, weigh, grade, gauge and identify.