Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An authorised person may seize any article or thing that he or she believes on reasonable grounds will afford evidence of the contravention of a civil penalty provision or an offence against this Act and may retain the article or thing until the expiration of 60 days after the seizure or, if proceedings in respect of which the article or thing may afford evidence are instituted within that period, until those proceedings (including any appeal to a court in relation to those proceedings) are terminated.
(1A) However, an authorised person is not entitled to exercise a power under subsection (1) unless:
(a) a warrant is in force under subsection 31(4) authorising the exercise of the power; or
(b) subsection 31(6) authorises the exercise of the power.
(2) The Minister may authorise any liquid fuel, or any other article or thing, seized under subsection (1) to be released to the owner, or to the person from whose possession the liquid fuel or the other article or thing was seized, either unconditionally or on such conditions as are specified in the authority, including conditions as to the giving of security for payment of their value if they are forfeited under section 38.