Queensland Consolidated Acts

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GENE TECHNOLOGY ACT 2001 - SECT 169

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 State.

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

(a) proceedings for which the thing may afford evidence were started before the end of the 60 days and have not ended, including an appeal to a court in relation the 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 State or the Commonwealth to retain, destroy or dispose of the thing.

(3) The thing may be returned under subsection (2) either unconditionally or on the terms and conditions decided by the regulator.



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