Commonwealth Numbered Acts

COMPREHENSIVE NUCLEAR TEST-BAN TREATY ACT 1998 No. 78, 1998 - SECT 39

(a) a person seizes a thing under this Division (other than under a warrant issued under section 31 or 37); and

(b) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence;

(c) the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership; or

(d) a court orders that it need not be returned.

(a) the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership; or

(b) proceedings in respect of which the thing may afford evidence were begun before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or

(c) the warrant team may retain the thing because of an order under section 40; or

(d) a member of the warrant team or another person is 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.