QLDIn ForceAct
Public Health Act 2005
sec.414Return of seized things
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### sec.414 Return of seized things
If a thing has been seized but not forfeited, the authorised person must return it to its owner—
for a thing seized under section 404 —
at the end of 6 months; or
if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding; or
if the authorised person stops being satisfied its continued retention as evidence is necessary—immediately; or
for a thing seized under section 405 if—
the thing ceases to be a public health risk; or
the authorised person is satisfied the return of the thing is unlikely to result in the recurrence of the public health risk in relation to which it was seized.
- (a) for a thing seized under section 404 — (i) at the end of 6 months; or (ii) if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding; or (iii) if the authorised person stops being satisfied its continued retention as evidence is necessary—immediately; or
- (i) at the end of 6 months; or
- (ii) if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding; or
- (iii) if the authorised person stops being satisfied its continued retention as evidence is necessary—immediately; or
- (b) for a thing seized under section 405 if— (i) the thing ceases to be a public health risk; or (ii) the authorised person is satisfied the return of the thing is unlikely to result in the recurrence of the public health risk in relation to which it was seized.
- (i) the thing ceases to be a public health risk; or
- (ii) the authorised person is satisfied the return of the thing is unlikely to result in the recurrence of the public health risk in relation to which it was seized.
- (i) at the end of 6 months; or
- (ii) if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding; or
- (iii) if the authorised person stops being satisfied its continued retention as evidence is necessary—immediately; or
- (i) the thing ceases to be a public health risk; or
- (ii) the authorised person is satisfied the return of the thing is unlikely to result in the recurrence of the public health risk in relation to which it was seized.