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 B - Returning things seized and documents produced  

SECTION 3ZQX   WHEN THINGS SEIZED OR DOCUMENTS PRODUCED UNDER DIVISION 2, 4 OR 4B MUST BE RETURNED  

When things seized under Division 2 or 4 must be returned

3ZQX(1)  
If the Commissioner is satisfied that a thing seized under Division 2 or 4 is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, the Commissioner 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.

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


(aa) either:


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

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


(a) 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


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

When documents produced under Division 4B must be returned

3ZQX(3)  


If the Commissioner is satisfied that a document produced under Division 4B is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, the Commissioner must take reasonable steps to return the document to the person who produced the document or to the owner if that person is not entitled to possess it.

3ZQX(4)  


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


(a) either:


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

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


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




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