Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 135N

  (1)   Subject to any order under section   135P, if an inspector seizes consumer goods or equipment under a search warrant, the inspector must take reasonable steps to return the consumer goods or equipment if:

  (a)   the reason for the seizure no longer exists; or

  (b)   the period of 60 days after the seizure ends;

whichever happens first.

  (2)   Subsection   (1) does not apply if:

  (a)   the consumer goods are, or the equipment is, forfeited or forfeitable to the Commonwealth; or

  (b)   the consumer goods are, or the equipment is, the subject of a dispute as to ownership.

  (3)   If, apart from this subsection, the inspector would be required to take reasonable steps to return consumer goods or equipment under subsection   (1) because of paragraph   (b) of that subsection, the inspector is not required to do so if:

  (a)   the return of the consumer goods or equipment could cause an imminent risk of death, serious illness or serious injury; or

  (b)   the inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or a Territory) to retain, destroy, dispose of or otherwise deal with the consumer goods or equipment.

  (4)   Consumer goods that are required to be returned under this section must be returned to the person from whom they were seized (or to the owner if that person is not entitled to possess them).

  (5)   Equipment that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).