Australian Capital Territory Numbered Acts

GENE TECHNOLOGY ACT 2003 (NO. 57 OF 2003) - SECT 169

    (1)     Subject to any contrary order of a court, if an inspector seizes a thing under this part, the 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 60 days after its seizure ends;

whichever first happens, unless the thing is forfeited or forfeitable to the Territory.

    (2)     At the end of the 60 days mentioned in subsection (1) (b), an inspector must take reasonable steps to return the thing to the person from whom it was seized, unless—

        (a)     a proceeding for which the thing may provide evidence was begun before the end of the 60 days and has not been completed (including an appeal to a court in relation to the proceeding); or

        (b)     an inspector may keep the thing because of an order under section 170; or

        (c)     to return the thing could cause an imminent risk of death, serious illness, serious injury or serious damage to the environment; or

        (d)     an inspector is otherwise authorised by a law, or an order of a court, of the Territory or the Commonwealth, to keep, destroy or dispose of the thing.

    (3)     The thing may be returned under subsection (2) either unconditionally or on the conditions decided by the regulator.