Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 46

46 Return of seized things

(1) If a seized thing has not been forfeited, the chief executive or commissioner must return it to its owner at the end of—

(a) 6 months; or

(b) if a proceeding for an offence involving it is started within the 6 months—the proceeding and any appeal from the proceeding.

(2) Despite subsection (1) , the authorised officer must return the seized thing to its owner immediately the officer stops being satisfied—

(a) its retention as evidence of an offence against a transport Act is necessary; or

(b) for equipment seized under section 40A (3) (c) —the equipment is needed to access the information.

(3) Despite subsections (1) and (2) , if the chief executive or the commissioner (the
"official" ) gave the seized thing to an external public authority under section 168B , the official must ensure the seized thing is returned to its owner as soon as practicable after the official is satisfied its retention as evidence for the external public authority’s law enforcement purposes is no longer necessary.