South Australian Numbered Acts South Australian Numbered Acts (1) Subject to this
section, if an inspector seizes any material or thing under this Part, the
inspector must take reasonable steps to return it if or when the reason for
its seizure no longer exists or it is decided that it is not to be used in
evidence (unless the material or thing is forfeited or forfeitable to the
State of South Australia under another Act or law).
(2) An inspector is
not required to return any material or thing under subsection (1)
if—
(a) the
material or thing has deteriorated to the extent that it no longer has any
useful purpose or any real value; or
(b) an
inspector is otherwise authorised (by a law, or an order of a court, of the
State of South Australia or the Commonwealth) to retain, destroy or dispose of
the material or thing.
(3) The material or
thing may be returned under subsection (1) either unconditionally or on
such terms and conditions as the Minister thinks fit.
(4) An inspector may
make application to the Magistrates Court for an order for the purposes of
subsection (2)(b) and a magistrate may, on such an application, if
satisfied that it is appropriate to do so, make an order authorising an
inspector to retain, destroy or dispose of any material or thing.
(5) Before making an
application under subsection (4), the inspector must—
(a) take
reasonable steps to discover who has an interest in the retention of the
material or thing; and
(b) if
it is practicable to do so, notify each person whom the inspector believes to
have such an interest of the proposed application.
(6) Despite a
preceding subsection, if human reproductive material has been seized and an
inspector is asked to return the material because it is intended to be used at
an accredited ART centre under a South Australian clinical practice licence
for the purposes of achieving pregnancy in a woman, the inspector must give
due consideration to the request (and seek to resolve the matter) as
expeditiously as possible.