Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 556

556 Return of seized things or samples

(1) This section applies if—

(a) an authorised officer has seized a thing or sample under this Chapter; and

(b) the thing or sample is not forfeited under Division 3 .

(2) If an authorised officer is satisfied that—

(a) the thing or sample is not required (or is no longer required) as evidence of an offence against this Law; and

(b) the continued retention of the thing or sample is not necessary to prevent the thing or sample being used to continue, or repeat, an offence against this Law; and

(c) the thing or sample is not subject to a dispute as to ownership, which would be appropriately resolved by making an application under subsection (3) for the return of the thing or sample;

the authorised officer must exercise reasonable diligence to return the thing or sample to the person from whom it was seized or to the owner if that person is not entitled to possess it.

(3) An application for the return of the thing or sample may be made to the relevant tribunal or court by—

(a) the person from whom it was seized; or

(b) a person who claims to be the owner; or

(c) an authorised officer.

(4) If the relevant tribunal or court is satisfied that—

(a) the thing or sample is not required (or is no longer required) as evidence of an offence against this Law; and

(b) the continued retention of the thing or sample is not necessary to prevent the thing or sample being used to continue, or repeat, an offence against this Law; and

(c) there are no reasonable grounds to suspect that the thing or sample is likely to be used by any person in the commission of an offence of a kind prescribed by the national regulations for the purposes of this subsection;

the relevant tribunal or court may make an order for the return of the thing or sample to the person from whom it was seized or to the owner if that person is not entitled to possess it.

(5) The national regulations may—

(a) provide for the procedures to be followed when an application is made under subsection (3) ; and

(b) without limiting paragraph (a) —

(i) provide for the notification of the Regulator or an authorised officer (or both) of the making of the application if it is made by a person who is not an authorised officer; and

(ii) specify the information that is to be included in the notification.

(6) Nothing in this section affects a lien or other security over a thing.

(7) Nothing in this section prevents the return of a thing or sample to its owner at any time if the Regulator considers there is no reason for its continued retention.