sec.772Return of seized things

### sec.772 Return of seized things This section applies if a seized thing has some intrinsic value and is not forfeited. If the thing is not returned to its owner within 1 year after it was seized, the owner may apply for its return— if the thing was seized by an authorised officer (safety and health)—to the chief inspector; or if the thing was seized by an authorised officer (general)—to the chief executive. Within 30 days after receiving the application, the chief inspector or chief executive must— if the chief inspector or chief executive is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice for the decision; or otherwise—return the thing to the owner. If, at any time after the thing was seized, the chief inspector or chief executive stops being satisfied there are reasonable grounds for retaining it, the chief inspector or chief executive must return it to its owner. Without limiting subsections (3) and (4) , there are reasonable grounds for retaining the 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— an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act 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. In this section— examine includes analyse, test, measure, weigh, grade, gauge and identify. s 772 sub 2014 No. 64 s 231A amd 2020 No. 23 s 55P (retro) (sec.772-ssec.1) This section applies if a seized thing has some intrinsic value and is not forfeited. (sec.772-ssec.2) If the thing is not returned to its owner within 1 year after it was seized, the owner may apply for its return— if the thing was seized by an authorised officer (safety and health)—to the chief inspector; or if the thing was seized by an authorised officer (general)—to the chief executive. (sec.772-ssec.3) Within 30 days after receiving the application, the chief inspector or chief executive must— if the chief inspector or chief executive is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice for the decision; or otherwise—return the thing to the owner. (sec.772-ssec.4) If, at any time after the thing was seized, the chief inspector or chief executive stops being satisfied there are reasonable grounds for retaining it, the chief inspector or chief executive must return it to its owner. (sec.772-ssec.5) Without limiting subsections (3) and (4) , there are reasonable grounds for retaining the 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— an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act 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.772-ssec.6) In this section— examine includes analyse, test, measure, weigh, grade, gauge and identify. - (a) if the thing was seized by an authorised officer (safety and health)—to the chief inspector; or - (b) if the thing was seized by an authorised officer (general)—to the chief executive. - (a) if the chief inspector or chief executive is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice for the decision; or - (b) otherwise—return the thing to the owner. - (a) the thing is being, or is likely to be, examined; or - (b) the thing is needed, or may be needed, for the purposes of— (i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or (ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or (iii) an appeal from a decision in a proceeding for an offence against this Act; or - (i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or - (ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or - (iii) an appeal from a decision in a proceeding for an offence against this Act; or - (c) it is not lawful for the owner to possess the thing. - (i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or - (ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or - (iii) an appeal from a decision in a proceeding for an offence against this Act; or