Section 449BA — Environment Protection and Biodiversity Conservation Act 1999: Release of seized items to owner etc.

(1) If a thing is seized under this Part, the Secretary may authorise the thing, or anything in, on or attached to the thing, to be released to its owner, or to the person from whose possession it was seized, either: (a) unconditionally; or (b) on such conditions as the Secretary thinks fit (including conditions about the giving of security for giving payment of its value if it is forfeited). (2) A person commits an offence if: (a) a thing is released to the person under subsection (1) subject to a condition; and (b) the person engages in conduct; and (c) the conduct contravenes the condition. Penalty: Imprisonment for 12 months or 60 penalty units, or both. (3) Absolute liability applies to paragraph (2)(a). Note: For absolute liability, see section 6.2 of the Criminal Code.