Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An inspector must take reasonable steps to return a thing seized under an investigation warrant when the earliest of the following happens:
(a) the reason for the thing's seizure no longer exists;
(b) it is decided that the thing is not to be used in evidence;
(c) the period of 60 days after the thing's seizure ends.
Exceptions
(2) Subsection (1):
(a) is subject to any contrary order of a court; and
(b) does not apply if the thing:
(i) is forfeited or forfeitable to the APVMA (see section 69ET); or
(ii) is the subject of a dispute as to ownership.
(3) The inspector is not required to take reasonable steps to return a thing because of paragraph (1)(c) if:
(a) proceedings in which the thing may be used in evidence were begun 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 keep the thing because of an order under section 69EGC; or
(c) the inspector is authorised by this Part or by an order of a court to keep, destroy or dispose of the thing.