Queensland Numbered Acts

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PLANNING ACT 2016 - SECT 210

Returning seized thing

210 Returning seized thing

(1) This section applies if a seized thing is not—
(a) forfeited under subdivision 3; or
(b) subject to a disposal order under division 3.
(2) As soon as the chief executive stops being satisfied there are reasonable grounds for keeping the thing, the chief executive must return the thing to its owner.
(3) If the thing is not returned to its owner within 3 months after the thing was seized, the owner may apply to the chief executive for its return.
(4) Within 30 days after receiving the application, the chief executive must—
(a) if the chief executive is satisfied there are reasonable grounds for keeping the thing and decides to keep the thing—give a decision notice to the owner; or
(b) otherwise—return the thing to the owner.
(5) For this section, there are reasonable grounds for keeping 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—
(i) a proceeding for an offence against this 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 this Act; or
(c) it is not lawful for the owner to possess the thing.
(6) Subsection (5) does not limit the grounds that may be reasonable grounds for keeping the thing.
(7) Nothing in this section affects a lien or other security over the seized thing.
(8) In this section—

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



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