Queensland Numbered Acts

RACING INTEGRITY ACT 2016 - SECT 186

186 Return of seized thing

(1) This section applies if a seized thing is not—

(a) forfeited or transferred under subdivision 4 or 5; or

(b) subject to a disposal order under division 4.

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

(3) If the 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 thing and decides to retain it—give the owner an information notice about the decision, including the grounds for retaining the thing; or

(b) otherwise—return the 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 animal welfare offence, or another offence against this Act or the Racing 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 animal welfare offence or another offence against this Act or the Racing Act; or

(c) it is not unlawful for the owner to possess the thing.

(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.

(8) In this section—

"examine" includes analyse, test, account, measure, weigh, grade, gauge and identify.