Part IAAA - Delayed notification search warrants  

Division 5 - Using, sharing and returning things seized  

Subdivision B - Returning things seized  

SECTION 3ZZEB   When things seized must be returned  

If the chief officer of the relevant eligible agency is satisfied that a thing seized under this Part is not required (or is no longer required) for a purpose mentioned in section 3ZZEA or for other judicial or administrative review proceedings, the chief officer must take reasonable steps to return the thing to the person from whom it was seized, or to the owner if that person is not entitled to possess it.

However, the chief officer does not have to take those steps if:

(a) either:

(i) the thing may be retained because of an order under subsection 3ZZEC(1) , or any other order under that subsection has been made in relation to the thing; or

(ii) the chief officer has applied for such an order and the application has not been determined; or

(b) the thing may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or

(c) the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership; or

(d) a warrant premises occupier ' s notice has not been given in relation to the occupier of the warrant premises.

This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.