Queensland Consolidated Acts

COAL MINING SAFETY AND HEALTH ACT 1999 - SECT 149

149 Return of seized things

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

(2) If the thing is not returned to its owner within 1 year after it was seized, the owner may apply to the chief inspector for its return.

(3) Within 30 days after receiving the application, the chief inspector must—

(a) if the chief inspector is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner written notice of the decision, including the grounds for retaining the thing; or

(b) otherwise—return the thing to the owner.

(4) If, at any time after the thing was seized, the chief inspector stops being satisfied there are reasonable grounds for retaining it, the chief inspector must return it to its owner.

(5) Without limiting subsections (3) and (4) , there are reasonable grounds for retaining the thing if—

(a) the thing is being, or is likely to be, examined; or

(b) the thing is needed, or may be needed, for the purposes of—

(i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or

(ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or

(iii) an appeal from a decision in a proceeding for an offence against this Act; or

(c) it is not lawful for the owner to possess the thing.

(6) In this section—

"examine" includes analyse, test, measure, weigh, grade, gauge and identify.

"owner" , of a seized thing, includes a person who would be entitled to possession of the thing had it not been seized.