Commonwealth Consolidated Acts Commonwealth Consolidated ActsRetention etc. of product
(1) If a product is given to a GEMS inspector in accordance with a requirement under subsection 57(1), the GEMS inspector:
(a) may take possession of the product; and
(b) may retain the product (but see subsection (2) of this section); and
(c) must provide a receipt for the product.
Note: The product may be tested under section 126.
Return of product
(2) The GEMS Regulator must take reasonable steps to return the product to the registrant or a contact person for the registration when the earliest of the following happens:
(a) it is no longer necessary to retain the product for the purposes of determining whether the model complies with the GEMS determination against which it is registered;
(b) it is decided that the product is not to be used in evidence;
(c) the 6 - month period after the product was given to the GEMS Regulator ends.
Exception to requirement to return product
(3) Subsection (2):
(a) is subject to any contrary order of a court; and
(b) does not apply if the product:
(i) is forfeited or forfeitable to the Commonwealth; or
(ii) is the subject of a dispute as to ownership.
(4) The GEMS Regulator is not required to take reasonable steps to return the product because of subsection (2) if:
(a) proceedings in respect of which the product may afford evidence were instituted before the end of 6 months after the product was given to the GEMS Regulator, and have not been completed (including an appeal to a court in relation to those proceedings); or
(b) the product may continue to be retained because of an order under section 59; or
(c) the Commonwealth or the GEMS Regulator is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the product.