WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 224 Return of seized thing

WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 224

224 Return of seized thing

(1) This section applies if a seized thing has some intrinsic value and is not—

(a) forfeited or transferred under subdivision 4 or 5 ; or

(b) subject to a disposal order under division 4 .

(2) The authorised person must return the seized thing to an owner—

(a) generally—at the end of 1 year after the seizure; or

(b) if a proceeding for an offence involving the thing is started within the 1 year—at the end of the proceeding and any appeal from the proceeding.

(3) Despite subsection (2) , if the thing was seized as evidence, the authorised person must return the thing seized to an owner as soon as practicable after the authorised person is satisfied—

(a) its continued retention as evidence is no longer required; and

(b) its continued retention is not necessary to prevent it being used to continue, or repeat, an offence against this Act; and

(c) it is lawful for the owner to possess it.

(4) Nothing in this section affects a lien or other security over the seized thing.