Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 203R

             (1)  Subject to any law of the Commonwealth, a State or a Territory permitting the retention, destruction or disposal of a thing seized as evidential material by an officer of Customs under a search warrant or by an authorised person under subsection 203B(3), 203C(3), 203CA(4) or 203CB(3), the officer or authorised person 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)  120 days after its seizure:

                              (i)  proceedings in respect of which the thing may afford evidence have not been started; and

                             (ii)  an order permitting the thing to be retained has not been made under section 203S; and

                            (iii)  an order of a court of the Commonwealth or of a State or Territory permitting the retention, destruction or disposal of the thing has not been made;

whichever first occurs.

             (2)  For the purposes of this section, the return of a thing requires its return to the person reasonably believed to be the owner of the thing in a condition as near as practicable to the condition in which it was seized.