Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to any contrary order of a court, if an inspector seizes a thing under this Subdivision, the Secretary must take reasonable steps to return it if:
(a) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or
(b) the period of 60 days after its seizure ends;
whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.
(2) If, apart from this subsection, the Secretary would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Secretary is not required to do so if:
(a) proceedings in respect of which the thing may afford evidence were instituted 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 thing may continue to be retained because of an order under section 70K; or
(c) the Commonwealth, the Secretary or an inspector 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 thing; or
(d) to return the thing could cause an imminent risk of death, serious illness, serious injury or serious damage to the environment.
(3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).