AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 24AB When returnable items must be returned--general

AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 24AB

  (1)   If the CEO is satisfied that a returnable item is not required (or is no longer required) for a purpose mentioned in section   24AA or for other judicial or administrative review proceedings, the CEO must take reasonable steps to return the item to:

  (a)   the person from whom the item was seized, or the person who produced the item; or

  (b)   the owner, if the person mentioned in paragraph   (a) is not entitled to possess it.

  (2)   However, the CEO does not have to take those steps if:

  (a)   either:

  (i)   the returnable item may be retained because of an order under subsection   24AC(2), or any other order under that subsection has been made in relation to the item; or

  (ii)   the CEO has applied for such an order and the application has not been determined; or

  (b)   the returnable item may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or

  (c)   the returnable item is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

  (3)   To avoid doubt, if the returnable item is a document, the CEO is required to take reasonable steps to return the document only if the ACC took possession of that document.