Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to any contrary order of a court, if an authorised officer or an officer assisting seizes evidential material under Division 4 or this Division, the authorised officer, officer assisting or the Chief Executive Medicare must return it if:
(a) the reason for its seizure no longer exists; or
(b) a decision is made not to use it in evidence.
(1A) Subsection (1) does not apply if the evidential material is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.
(2) The Chief Executive Medicare may, by written instrument, authorise evidential material seized under this Division to be released to the owner, or to the person from whom it was seized, either unconditionally or on such conditions as the Chief Executive Medicare thinks fit.