Queensland Consolidated Acts
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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 46
Return of seized things
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.
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