NATIONAL MEASUREMENT ACT 1960 - SECT 18MU Retention of seized things
NATIONAL MEASUREMENT ACT 1960 - SECT 18MU
Retention of seized things( 1) Subject to any contrary order of a court, if a trade measurement inspector seizes a thing under this Part, a trade measurement 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 6 months after its seizure ends;
whichever first occurs, unless the thing is forfeited or forfeitable to the Commonwealth.
(2) At the end of the 6 months specified in subsection ( 1), a trade measurement 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 6 months and have not been completed (including an appeal to a court in relation to those proceedings); or
(b) the inspector may retain the thing because of an order under section 18MV; or
(c) a trade measurement inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) 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 Secretary sees
fit.