# Retaining seized things

> act-s268CS — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

268CS 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.