79   Guide to this Part

80   Notice of seizure, retention or detention

             (1)  If a maritime officer seizes or retains a thing, or detains a vessel or aircraft (also the thing ), the officer must give written notice, within 14 days, to:

                     (a)  the owner of the thing; or

                     (b)  the person who had possession or control of the thing immediately before it was seized, retained or detained.

Note:          Things may be seized under section 67 and retained under section 68. Vessels and aircraft may be detained under section 69.

             (2)  If the officer cannot conveniently give the notice in person, the officer may give the notice by fixing the notice to a prominent part of the thing, unless the thing is perishable.

             (3)  The notice must:

                     (a)  identify the thing; and

                     (b)  state that the thing has been seized, retained or detained; and

                     (c)  specify the reason for this; and

                     (d)  specify contact details of an officer who can provide further information; and

                     (e)  include information about the return of the thing.

81   Information about the return of things

Seized things

             (1)  Information about the return of a seized thing must state that the thing will be returned within 120 days of its seizure unless:

                     (a)  the thing is required for the purposes of proceedings that have been instituted, or an appeal arising from such proceedings; or

                     (b)  the period of 120 days is extended by a magistrate under section 88; or

                     (c)  the thing is disposed of under an Australian law; or

                     (d)  the thing is seized under another Australian law; or

                     (e)  notice of Commonwealth ownership of the thing is given.

Retained things and detained vessels and aircraft

             (2)  Information about the return of a retained thing, or a detained vessel or detained aircraft (also the thing ), must state that the thing will be returned within 28 days of its retention or detention unless:

                     (a)  the period of 28 days is extended by a magistrate under section 88; or

                     (b)  the thing is disposed of under an Australian law; or

                     (c)  the thing is seized under an Australian law; or

                     (d)  notice of Commonwealth ownership of the thing is given.

82   Notice of Commonwealth ownership

             (1)  Notice of Commonwealth ownership of a thing may be given at any time.

             (2)  The notice must:

                     (a)  state that the Commonwealth claims ownership of the thing; and

                     (b)  state that any other person who claims ownership or possession of the thing may apply to a court of competent jurisdiction, within 30 days after the notice is given, for an order for the return of the thing.

             (3)  If the notice cannot conveniently be given in person, the officer may give the notice by fixing the notice to a prominent part of the thing, unless the thing is perishable.

83  Using seized things

             (1)  A maritime officer may use a seized thing, or make a seized thing available to another Commonwealth officer to use as follows:

                     (a)  to prevent, investigate or prosecute a contravention of:

                              (i)  an Australian law; or

                             (ii)  an international agreement or international decision;

                     (b)  to administer or ensure compliance with:

                              (i)  a monitoring law; or

                             (ii)  an international agreement or international decision;

                     (c)  for any other purpose under another Australian law, as if the thing had been seized, produced or required (however described) under that law;

                     (d)  to decide whether to use the thing as mentioned in any of paragraphs (a) to (c).

             (2)  To avoid doubt, paragraph (1)(c) applies even if a warrant would have been required to seize or access the thing under that law.

Note:          The thing will have to be returned in accordance with section 86, unless an exception under subsection 86(3) applies.

84   Using seized things—State and Territory officers

                   A Commonwealth officer may make a seized thing available to an officer of a State or Territory to be:

                     (a)  seized under a law of the State or Territory; or

                     (b)  used for any other purpose under a law of the State or Territory.

Note:          The thing will have to be returned in accordance with section 86, unless an exception under subsection 86(3) applies.

85   Operating electronic equipment

                   If:

                     (a)  a seized thing may be used under this Division for a particular purpose; and

                     (b)  the thing is electronic equipment;

the thing may be operated for that purpose.

86   Returning seized things

             (1)  If a seized thing is no longer required for a purpose mentioned in Division 3 (using seized things), the person who has control of the thing must take reasonable steps to return the thing to:

                     (a)  the owner of the thing; or

                     (b)  the person who had possession or control of the thing immediately before it was seized.

             (2)  The thing must be returned within:

                     (a)  120 days after it is seized; or

                     (b)  that period as extended under section 88.

             (3)  Subsections (1) and (2) do not apply if:

                     (a)  the thing is required for the purposes of proceedings that have been instituted, or an appeal arising from such proceedings; or

                     (b)  the thing has been disposed of under an Australian law; or

                     (c)  the thing has been seized under another Australian law; or

                     (d)  notice of Commonwealth ownership of the thing has been given.

87   Returning retained and detained things

             (1)  A retained thing, or a detained vessel or detained aircraft (also the thing ), must be returned to:

                     (a)  the owner of the thing; or

                     (b)  the person who had possession or control of the thing immediately before it was retained or detained.

             (2)  The thing must be returned within:

                     (a)  28 days after it is retained or detained; or

                     (b)  that period as extended under section 88.

             (3)  Subsections (1) and (2) do not apply if:

                     (a)  the thing has been disposed of under an Australian law; or

                     (b)  the thing has been seized under an Australian law; or

                     (c)  notice of Commonwealth ownership of the thing has been given.

88   Magistrate may extend holding period

             (1)  The person who has control of a seized thing or retained thing, or a detained vessel or detained aircraft (also the thing ), may apply to a magistrate for an order extending, or further extending, the period for which the thing may be held.

             (2)  The magistrate may make an order extending the period for which the thing may be held if the magistrate is satisfied that:

                     (a)  the thing is required for a purpose mentioned in Division 3 (using seized things); or

                     (b)  there are other grounds for extending the period.

             (3)  Before making the application, the person who has control of the thing must:

                     (a)  take reasonable steps to discover who has an interest in the thing; and

                     (b)  if it is practicable to do so, notify each such person of the proposed application.

89   Returning things if notice of Commonwealth ownership given

Application to court

             (1)  If notice of Commonwealth ownership of a thing is given, a person who claims ownership or possession of the thing may apply to a court of competent jurisdiction for an order for the return of the thing.

             (2)  The application must be made within 30 days after the notice of Commonwealth ownership is given.

Order for return of thing

             (3)  The court may order the return of the thing if:

                     (a)  the court is not satisfied that the Commonwealth owns the thing; and

                     (b)  the thing has not been:

                              (i)  seized under another Australian law; or

                             (ii)  disposed of under an Australian law.

90   Seizing under other Australian laws

             (1)  If a seized thing is seized under another Australian law, its seizure under this Act does not:

                     (a)  count as seizure under the other law; or

                     (b)  remove or fulfil any requirement under the other law to:

                              (i)  give notice or information; or

                             (ii)  act under a warrant; or

                            (iii)  do any other thing in relation to the seizure under the other law.

             (2)  If a retained thing, or a detained vessel or detained aircraft (also the thing ), is seized under an Australian law (the other law ), its retention or detention under this Act does not:

                     (a)  count as seizure under the other law; or

                     (b)  remove or fulfil any requirement under the other law to:

                              (i)  give notice or information; or

                             (ii)  act under a warrant; or

                            (iii)  do any other thing in relation to the seizure under the other law.

             (3)  Subsections (1) and (2) have effect subject to any express provision to the contrary in an Australian law.

91   Reasons for disposal

             (1)  The Minister may dispose of a seized thing or retained thing, or a detained vessel or detained aircraft (also the thing ), if:

                     (a)  custody or maintenance (including any necessary movement or transport) of the thing creates serious difficulties; or

                     (b)  the expenses of custody or maintenance (including any necessary movement or transport) of the thing are likely to exceed its value; or

                     (c)  the thing is a live plant or animal and its return to its native environment would be beneficial to its survival; or

                     (d)  if notice of Commonwealth ownership of the thing has been given:

                              (i)  an application for an order for the return of the thing has not been made within the time allowed under section 89; or

                             (ii)  proceedings in relation to such an application have been finally determined without an order for the return of the thing being made.

             (2)  For the purposes of paragraph (1)(a), the custody or maintenance of the thing is taken to create serious difficulties if:

                     (a)  the thing is perishable; or

                     (b)  storage of the thing would be impractical; or

                     (c)  the thing poses a serious risk to navigation, quarantine, safety or public health; or

                     (d)  the thing poses a serious risk of damage to property or the environment; or

                     (e)  if the thing is a vessel—it is unseaworthy; or

                      (f)  despite reasonable efforts, it has not been possible to return the thing.

             (3)  Subsection (2) does not limit paragraph (1)(a).

92   Methods of disposal

             (1)  The thing may be:

                     (a)  sold; or

                     (b)  destroyed; or

                     (c)  if the thing is a live plant or animal—returned to its native environment; or

                     (d)  disposed of in any other way.

             (2)  The regulations may prescribe the way in which a thing prescribed by the regulations must be disposed of.

93   Notice of disposal

             (1)  If the thing is disposed of under paragraph 91(1)(a), (b) or (c) (reasons for disposal), the Minister must give written notice, as soon as practicable after the disposal, to the person who:

                     (a)  owned the thing; or

                     (b)  had possession or control of the thing immediately before it was seized, retained or detained.

             (2)  The notice must state:

                     (a)  that the thing has been disposed of; and

                     (b)  the reason for the disposal; and

                     (c)  that compensation may be payable under section 117.

Note:          A person may be paid compensation under section 117 if the disposal of the thing results in an acquisition of property otherwise than on just terms.

             (3)  Subsection (1) does not apply if, despite making reasonable efforts, the Minister cannot locate the person.