Excise Act 1901

PART IX - OFFICERS  

Division 1A - Search and seizure  

Subdivision E - Dealing with things seized as evidential material under a search warrant or section 9 of the Crimes Act 1914  

SECTION 107EA   RETENTION OF THINGS SEIZED UNDER A SEARCH WARRANT ETC.  

107EA(1)    
Subject to any law of the Commonwealth, a State or a Territory permitting the retention, destruction or disposal of a thing seized as evidential material by an officer under a search warrant or section 9 of the Crimes Act 1914 , the officer in charge of the investigation must return it if:

(a) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or

(b) 120 days after its seizure:

(i) proceedings in respect of which the thing may afford evidence have not been started; and

(ii) an order permitting the thing to be retained has not been made under section 107EB ; and

(iii) an order of a court of the Commonwealth or of a State or Territory permitting the retention, destruction or disposal of the thing has not been made;

whichever first occurs.

107EA(2)    
For the purposes of this section, the return of a thing requires its return to the person reasonably believed to be the owner of the thing in a condition as near as practicable to the condition in which it was seized.