69ECourt action for return of specimen

##### 69E Court action for return of specimen (1) If a specimen is seized under section 69B, the owner of the specimen may bring an action against the Commonwealth in a court of competent jurisdiction for the delivery of the specimen to the owner on the ground that the specimen was not used or otherwise involved in the commission of an offence against this Act or the regulations. (2) An action under subsection (1) must be brought: (a) within 30 days after the seizure; or (b) if a notice is given under subsection 69C(1) in relation to the specimen—within 30 days after the giving of the notice. (3) If: (a) an action is brought under subsection (1); and (b) the court finds that the specimen was used or otherwise involved in the commission of the offence concerned; the court must order the specimen to be forfeited to the Commonwealth. (4) If: (a) an action is brought under subsection (1); and (b) the action is discontinued by the owner otherwise than because of: (i) the delivery of the specimen to the owner; or (ii) the forfeiture of the specimen to the Commonwealth; or (iii) the disposal of the specimen under section 69R; the specimen is forfeited to the Commonwealth.