Queensland Consolidated Acts

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FOOD PRODUCTION (SAFETY) ACT 2000 - SECT 109

109 Return of seized things

(1) If a seized thing is not forfeited, or destroyed or disposed of under section 104(2), the authorised officer must return it to its owner—

(a) at the end of 6 months; or
(b) if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.

(2) Despite subsection (1), unless the thing is forfeited, or destroyed or disposed of under section 104(2), the authorised officer must immediately return a thing seized to its owner if the authorised officer stops being satisfied—

(a) its continued retention as evidence is necessary; or
(b) its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.


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