Tobacco and Other Smoking Products Act 1998
sec.202BReturn of seized things
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sec.202B Return of seized things
If a seized thing is not forfeited, the authorised person must return it to its owner— at the end of 12 months; or if a proceeding for an offence involving the thing is started within 12 months—at the end of the proceeding and any appeal from the proceeding. Despite subsection (1) , unless the thing is forfeited, the authorised person must immediately return a thing seized as evidence to its owner if the authorised person stops being satisfied its continued retention as evidence is necessary. s 202B (prev s 208) ins 2001 No. 20 s 41 amd 2024 No. 51 s 26 reloc and renum 2025 No. 13 s 22 (sec.202B-ssec.1) If a seized thing is not forfeited, the authorised person must return it to its owner— at the end of 12 months; or if a proceeding for an offence involving the thing is started within 12 months—at the end of the proceeding and any appeal from the proceeding. (sec.202B-ssec.2) Despite subsection (1) , unless the thing is forfeited, the authorised person must immediately return a thing seized as evidence to its owner if the authorised person stops being satisfied its continued retention as evidence is necessary.
- (a) at the end of 12 months; or
- (b) if a proceeding for an offence involving the thing is started within 12 months—at the end of the proceeding and any appeal from the proceeding.