99ZOTreatment by the Chief Executive Medicare of detained substances and retained documents

#### 99ZO Treatment by the Chief Executive Medicare of detained substances and retained documents (1) As soon as practicable after the Chief Executive Medicare takes possession of detained substances, they must, pending their return, reconsignment or disposal, be taken to a place of security specified by the Chief Executive Medicare. (2) If the Chief Executive Medicare establishes, on examining detained substances, that they are not prescription drugs and not prohibited exports, the Chief Executive Medicare must, as soon as practicable: (a) return the substances and any documents relating to the substances to the exporter; or (b) reconsign the substances, and those related documents, for export; as the case requires. (3) If the Chief Executive Medicare establishes, on examining detained substances, that they are prohibited exports, the Chief Executive Medicare must forthwith pass the substances, and any documents relating to the substances, to the agency nominated in the guidelines issued under section 99ZS to deal with prohibited exports of that kind. (4) If the Chief Executive Medicare establishes, on examining detained substances, that they are prescription drugs but not prohibited exports, the Chief Executive Medicare must: (a) notify the exporter, in writing, to that effect; and (b) invite the exporter to apply in writing to the Chief Executive Medicare, within 60 days after the notification, for the return of the substances on the basis that paragraph 99ZI(1)(b) or (c) or (2)(b) or (c) applies in relation to them. (5) If the exporter does not make an application for their return within that period, then, at the end of that period and subject to subsection (6): (a) the Chief Executive Medicare is taken to have seized the substances; and (b) the substances are taken to have been condemned as forfeited to the Commonwealth. (6) If, before the day when substances would be taken to have been condemned as forfeited to the Commonwealth under subsection (5), proceedings for an offence involving those substances have been commenced, the substances are not to be taken to have been so condemned. (7) If: (a) the Chief Executive Medicare establishes, on examining detained substances, that they are prescription drugs but not prohibited exports; and (b) within 60 days after notification to that effect was given to the exporter, an application is made for the return of the substances; the Chief Executive Medicare must consider the application and, not later than 120 days after the notification was so given: (c) if the Chief Executive Medicare decides that he or she is satisfied that paragraph 99ZI(1)(b) or (c) or (2)(b) or (c) applies to the substances—must return the substances to the exporter or reconsign them for export; and (d) if the Chief Executive Medicare decides that he or she is not so satisfied—must seize the substances as forfeited to the Commonwealth. (8) Despite the fact that substances are seized under subsection (7) as forfeited to the Commonwealth, the Chief Executive Medicare must, subject to subsection (9) and to any other law of the Commonwealth requiring their retention, destruction or disposal, return the substances to the exporter or reconsign them for export unless: (a) not later than 60 days after the seizure, proceedings are commenced in a magistrates court for the condemnation of the substances as forfeited goods; and (b) on completion of the proceedings, that court makes an order that the substances are condemned as forfeited to the Commonwealth. (9) A court must not make an order for condemnation of substances under subsection (8) if proceedings for an offence involving the substances have been commenced. (10) In any proceeding for the condemnation of substances as forfeited to the Commonwealth, a certificate by the Chief Executive Medicare to the effect that the substances are prescription drugs within the meaning of this Division is prima facie evidence of that matter.