Commonwealth Consolidated Acts

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GENE TECHNOLOGY ACT 2000 - SECT 169

Retention of seized things

  ( 1)   Subject to any contrary order of a court, if an inspector seizes a thing under this Part, the inspector must return it if:

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

  (b)   the period of 60 days after its seizure ends;

whichever first occurs, unless the thing is forfeited or forfeitable to the Commonwealth.

  (2)   At the end of the 60 days specified in subsection   ( 1), an inspector must take reasonable steps to return the thing to the person from whom it was seized, unless:

  (a)   proceedings in respect of which the thing may afford evidence were instituted 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)   an inspector may retain the thing because of an order under section   170; or

  (c)   to return the thing could cause an imminent risk of death, serious illness, serious injury or serious damage to the environment; or

  (d)   an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State) to retain, destroy or dispose of the thing.

  (3)   The thing may be returned under subsection   ( 2) either unconditionally or on such terms and conditions as the Regulator sees fit.


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