Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies i f a forfeiture notice is given in relation to an emissions - controlled product .
(2) T he owner of the product or the person from whom the product was seized may apply to one of the following for an order that the product be returned:
(a) the Federal Court of Australia ;
(b) the Federal Circuit and Family Court of Australia (Division 2);
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act .
(3 ) The application must be made within 60 days after the forfeiture notice is given.
( 4 ) The court must order that the product be returned if:
(a) an application for the order was made in accordance with this section; and
(b) the court is satisfied that no provision of Part 3 was contravened in relation to the product .
(5 ) If the court order s that the product be returned, the Commonwealth must take reasonable steps to return the product to the applicant.
(6 ) Subsection ( 5 ) does not apply if:
(a) proceedings for which the product may provide evidence were instituted before the order was made, and have not been co mpleted (including any appeal) ; or
(b) returning the product could cause an imminent risk of death, serious illness, serious injury or serious damage to the environment; or
(c) an inspector is otherwise authorised (by a law or an order of a court) to retain, destroy or dispose of the product .