Commonwealth Consolidated Acts

COMPREHENSIVE NUCLEAR TEST-BAN TREATY ACT 1998 - SECT 39

             (1)  If:

                     (a)  a person seizes a thing under this Division (other than under a warrant issued under section 31 or 37); and

                     (b)  the reason for its seizure no longer exists or it is decided that it is not to be used in evidence;

the person must return it, unless:

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

                     (d)  a court orders that it need not be returned.

             (2)  If a warrant team seizes a thing from a person under a warrant issued under section 31 or 37, 60 days after the seizure the warrant team must return the thing to the person (or to the owner, if the person is not entitled to possess it) unless:

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

                     (b)  proceedings in respect of which the thing may afford evidence were begun before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or

                     (c)  the warrant team may retain the thing because of an order under section 40; or

                     (d)  a member of the warrant team or another person is authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the thing.