284DRetention of thing seized etc.

#### 284D Retention of thing seized etc. (1) Section 66 of the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection 284B(1) of this Act, has effect subject to subsections (2), (3) and (4) of this section. (2) If: (a) a thing is seized under the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection 284B(1) of this Act; and (b) proceedings for an offence against this Act are instituted within the period of 60 days after the seizure; and (c) the thing may have been used, or otherwise involved, in the alleged commission of the offence; the thing may be retained until the proceedings (and any appeal from those proceedings) have been finalised. > Note: Offence against this Act has an extended meaning (see section 11). (3) If: (a) a thing is seized under the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection 284B(1) of this Act; and (b) proceedings under section 82 of the Regulatory Powers Act in relation to a contravention of a civil penalty provision of this Act are instituted within the period of 60 days after the seizure; and (c) the thing may have been used, or otherwise involved, in the alleged contravention of the civil penalty provision; the thing may be retained until the proceedings (and any appeal from those proceedings) have been finalised. (4) If: (a) a thing is seized under the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection 284B(1) of this Act; and (b) proceedings under subsection 284L(3) of this Act in relation to a contravention of a civil penalty provision of this Act are instituted within the period of 60 days after the seizure; and (c) the thing may have been used, or otherwise involved, in the alleged contravention of the civil penalty provision; the thing may be retained until the proceedings (and any appeal from those proceedings) have been finalised. (5) The ACMA may, by written instrument, authorise a thing seized under the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection 284B(1) of this Act, to be released to the owner, or to the person from whom it was seized, either: (a) unconditionally; or (b) on such conditions as the ACMA thinks fit, including conditions as to giving security for payment of its value if it is forfeited under section 284L of this Act.