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AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 167 Retention and return of seized documents or things

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 167

Retention and return of seized documents or things

    (1)     If an inspector seizes a document or other thing under this Part, the inspector must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.

    (2)     If the document or thing seized has not been returned within 3 months after it was seized, the inspector must take reasonable steps to return it unless—

        (a)     proceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or

        (b)     the Magistrates' Court makes an order under section 168 extending the period during which the document or thing may be retained; or

        (c)     a court makes an order under section 174 permitting the destruction of the thing.

    (3)     This section does not apply to a sample taken by an inspector in the exercise of a power under this Part.