Commonwealth Consolidated Acts

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Returning retained and detained things

  (1)   A retained thing , or a detained vessel or detained aircraft (also the thing ) , must be returned to:

  (a)   the owner of the thing; or

  (b)   a person who had possession or control of the thing immediately before it was retained or detained .

  (2)   The thing must be returned within:

  (a)   28 days after it is retained or detained; or

  (b)   that period as extended under section   88 .

Note:   In the case of a detained vessel or aircraft that is taken to a destination under paragraph   69(2)(a), days in periods covered by subsection   69A(1) (such as the period it takes to travel to the destination) do not count towards the 28 day limit: see subsection   69A(3).

  (3 )   Subsections   ( 1) and (2) do not apply if:

  (a)   the thing has been disposed of under an Australian law ; or

  (b)   the thing has been seized under an Australian law; or

  (c)   notice of Commonwealth ownership of the thing has been given.

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