Crimes Act 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Divison 4C - Using, sharing and returning things seized and documents produced  

Subdivision D - (Repealed by No 2 of 2011)  

SECTION 3ZQZA   WHEN THINGS SEIZED UNDER DIVISION 3A MUST BE RETURNED  

3ZQZA(1)    
The Commissioner must take reasonable steps to return a thing seized under Division 3A if the owner requests the return of the thing.

3ZQZA(2)    
However, the Commissioner does not have to take those steps if:

(a) the Commissioner suspects on reasonable grounds that if the thing is returned to the owner, the thing is likely to be used by the owner or another person in the commission of a terrorist act, a terrorism offence or a serious offence; or

(b) the Commissioner is satisfied that the thing is being used, or is required to be used, for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings; or

(c) either:

(i) the thing may be retained because of an order under subsection 3ZQZB(2) or (3) , or any other order under subsection 3ZQZB(3) has been made in relation to the thing; or

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

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

3ZQZA(3)    

Despite subsection (2), if:

(a) the owner of a thing requests the return of the thing:

(i) within 90 days after the date of the seizure notice served under section 3UF in relation to the thing; or

(ii) if subsection 3UF(2) applied in relation to the thing so that a seizure notice was not served - within 90 days after the day on which the thing was seized; and

(b) the thing has not been returned to the owner by the end of the 90th day;

the Commissioner must, before the end of the 95th day:

(c) take reasonable steps to return the thing to the owner; or

(d) apply to a magistrate for an order under section 3ZQZB .

3ZQZA(4)    
(Repealed by No 2 of 2011)