Section 438 — Environment Protection and Biodiversity Conservation Act 1999: Retention of things seized under Division 4 or 6

(1) This section applies to a thing that is seized under Division 4 or 6. (2) The thing may be retained until: (a) the reason for the seizure of the thing no longer exists; or (b) it is decided that the thing is not to be used in evidence; whichever happens first. (3) As soon as practicable after the end of the period during which the thing may be retained under subsection (2), the Secretary must cause reasonable steps to be taken to return the thing to the person from whom it was seized (or to the owner if that person is not entitled to possess it). (4) Subsection (3) does not apply if: (a) the thing is forfeited or forfeitable to the Commonwealth; or (b) the thing has been dealt with under this Part, or as otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory), in a way that means the Secretary is not in a position to cause reasonable steps to be taken to return the thing; or (c) the Commonwealth, the Secretary or an authorised officer is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.