Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 106J

106J Return of seized things

(1) This section applies if a seized thing is not forfeited under subdivision 4 .

(2) As soon as the commissioner stops being satisfied there are reasonable grounds for retaining the seized thing, the commissioner must return it to its owner.

(3) If the seized thing is not returned to its owner within 3 months after it was seized, the owner may apply to the commissioner for its return.

(4) Within 30 days after receiving the application, the commissioner must—

(a) if the commissioner is satisfied there are reasonable grounds for retaining the seized thing and decides to retain it—give the owner an information notice for the decision; or

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

(5) For this section, there are reasonable grounds for retaining a seized 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) a proceeding for an offence against a relevant Act that is likely to be started or that has been started but not completed; or

(ii) an appeal from a decision in a proceeding for an offence against a relevant Act; or

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

(d) it would be unreasonable to return the thing to its owner because of the risks of injury or illness to a person that may arise from returning it.

(6) Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.

(7) Nothing in this section affects a lien or other security over the seized thing.