CTHRepealedAct
Wildlife Protection (Regulation of Exports and Imports) Act 1982
69HRetention of specimen
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##### 69H Retention of specimen
If a specimen is seized under section 69B, the specimen may be retained until the end of 30 days after whichever is the latest of the following events:
(a) the seizure;
(b) if a notice is given under subsection 69C(1) in relation to the specimen—the giving of the notice;
(c) if an application is made under subsection 69D(1) in relation to the specimen—the making of a decision on that application;
(d) if:
(i) proceedings for an offence against this Act or the regulations are instituted during the period within which an application may be made under subsection 69D(1) in relation to the specimen; and
(ii) the specimen may have been used or otherwise involved in the commission of the offence or the specimen may afford evidence of the commission of the offence;
the termination of the proceedings (including any appeal to a court in relation to those proceedings);
(e) if proceedings under section 69L are instituted during the period within which an application may be made under subsection 69D(1) in relation to the specimen—the termination of the proceedings (including any appeal to any court in relation to those proceedings).
However, this rule does not authorise the retention of the specimen if the owner of the specimen succeeds in an action under subsection 69E(1) for the delivery of the specimen to the owner. Nor does this rule require the return of the specimen if proceedings under subsection 69E(1) relating to the specimen are pending.