# Return of seized things

> act-s487Y — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

487Y Return of seized things
          (1) The Secretary or Australian Border Force Commissioner must take
              reasonable steps to return a thing seized under this Division when
              the earliest of the following happens:
                (a) the reason for the thing’s seizure no longer exists;
                (b) it is decided that the thing is not to be used in evidence;
                (c) the period of 60 days after the thing’s seizure ends.
               Note:      See subsections (2) and (3) for exceptions to this rule.

               Exceptions
          (2) Subsection (1):
               (a) is subject to any contrary order of a court; and
               (b) does not apply if the thing:
                     (i) is forfeited or forfeitable to the Commonwealth; or
                    (ii) is the subject of a dispute as to ownership.
          (3) The Secretary or Australian Border Force Commissioner is not
              required to take reasonable steps to return a thing because of
              paragraph (1)(c) if:
                (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 thing may continue to be retained because of an order
                    under section 487Z; or
                (c) the Commonwealth, the Secretary, the Australian Border
                    Force Commissioner or an authorised officer is otherwise
                    authorised (by a law, or an order of a court, of the









                      Commonwealth or of a State or Territory) to retain, destroy,
                      dispose of or otherwise deal with the thing.

               Return of thing
          (4) A thing that is required to be returned under this section must be
              returned to the person from whom it was seized (or to the owner if
              that person is not entitled to possess it).