Western Australian Consolidated Acts Western Australian Consolidated Acts (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 of Western
Australia.
(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);
(b) an
inspector may retain the thing because of an order under section 170;
(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 of Western Australia or the Commonwealth) 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.