65HRetention of things which are seized

##### 65H Retention of things which are seized (1) Subject to any contrary order of a court, if a person seizes a thing under Division 3, 4 or 5, the person must return it if: (a) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or (b) if the thing was seized under section 64Q: (i) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or (ii) the period of 60 days after its seizure ends; whichever first occurs; unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership. (2) If a thing is seized by an inspector under section 64Q, at the end of the 60 days specified in subsection (1), the inspector must take reasonable steps to return the thing to the person from whom it was seized (or to the owner if that person is not entitled to possess it) unless: (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or (b) the inspector may retain the thing because of an order under section 65J; or (c) the inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the thing.