CRIMES ACT 1914 SECT 3ZV

(1)

Subject to any contrary order of a court, if a constable seizes a thing under this Part, the constable 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)

if the thing was seized under section 3T:

(i)

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

(ii)

the period of 60 days after its seizure ends;

whichever first occurs;

unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

(2)

If a thing is seized under section 3T, at the end of the 60 days specified in subsection (1) the constable 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 unless:

(a)

proceedings in respect of which the thing may afford evidence were 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

(b)

the constable may retain the thing because of an order under section 3ZW; or

(c)

the constable is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the thing.