Section 268CS — Migration Act 1958: Retaining seized things

(1) This section applies to an authorised officer when one of the following happens in respect of a thing seized under section 268CR: (a) the reason for the thing’s seizure no longer exists or it is decided that the thing is not to be used in evidence; or (b) the period of 60 days after the thing’s seizure ends. (2) The authorised officer must take reasonable steps 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. (3) However, the authorised officer does not have to take those steps if: (a) in a paragraph (1)(b) case: (i) proceedings in respect of which the thing might afford evidence have been instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or (ii) the authorised officer may retain the thing because of an order under section 268CU; or (b) in any case—the authorised officer is otherwise authorised (by a law, or an order of a court or a tribunal, of the Commonwealth or a State) to retain, destroy or dispose of the thing; or (c) the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.