129Return of seized things

129 Return of seized things

(1) The marine safety inspector must take reasonable steps to return a thing seized under this Part 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 marine safety inspector is not required to take reasonable steps to return a thing because of subsection (1)(c) if:

(a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or

(b) the thing may continue to be retained because of an order under section 130; or

(c) the Commonwealth, the National Regulator or a marine safety inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth, a State or a 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).