87Returning retained and detained things

87 Returning retained and detained things

(1) A retained thing, or a detained vessel or detained aircraft (also the thing), must be returned to: (a) the owner of the thing; or (b) a person who had possession or control of the thing immediately before it was retained or detained. (2) The thing must be returned within: (a) 28 days after it is retained or detained; or (b) that period as extended under section 88.

Note: In the case of a detained vessel or aircraft that is taken to a destination under paragraph 69(2)(a), days in periods covered by subsection 69A(1) (such as the period it takes to travel to the destination) do not count towards the 28 day limit: see subsection 69A(3).

(3) Subsections (1) and (2) do not apply if: (a) the thing has been disposed of under an Australian law; or (b) the thing has been seized under an Australian law; or (c) notice of Commonwealth ownership of the thing has been given.