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AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 - SECT 69EGB

Return of seized things

  (1)   An inspector must take reasonable steps to return a thing seized under an investigation warrant when the earliest of the following happens:

  (a)   the reason for the thing's seizure no longer exists;

  (b)   it is decided that the thing is not to be used in evidence;

  (c)   the period of 60 days after the thing's seizure ends.

Exceptions

  (2)   Subsection   (1):

  (a)   is subject to any contrary order of a court; and

  (b)   does not apply if the thing:

  (i)   is forfeited or forfeitable to the APVMA (see section   69ET); or

  (ii)   is the subject of a dispute as to ownership.

  (3)   The inspector is not required to take reasonable steps to return a thing because of paragraph   (1)(c) if:

  (a)   proceedings in which the thing may be used in 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

  (b)   the inspector may keep the thing because of an order under section   69EGC; or

  (c)   the inspector is authorised by this Part or by an order of a court to keep, destroy or dispose of the thing.


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