CIVIL AVIATION ACT 1988 - SECT 32AHN Retention of seized things

CIVIL AVIATION ACT 1988 - SECT 32AHN

  (1)   Subject to any contrary order of a court, if an investigator seizes a thing, as allowed by section   32AH, an investigator 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 Commonwealth.

  (2)   At the end of the 60 days specified in subsection   ( 1), an investigator 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); or

  (b)   an investigator may retain the thing because of an order under section   32AHO; or

  (c)   an investigator is otherwise authorised (by a law, or an order of a court, of 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 CASA sees fit.