Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 546

  (1)   If an inspector seizes a thing under this Division, the inspector or the ACMA may retain it until:

  (a)   the end of the period of 60 days after the seizure; or

  (b)   if either of the following proceedings are instituted within that period:

  (i)   proceedings for an offence against, or arising out of, this Act in respect of which the thing may afford evidence;

  (ii)   proceedings for a breach of the Spam Act 2003 in respect of which the thing may afford evidence;

    the proceedings (including any appeal to a court in relation to those proceedings) are completed.

  (2)   The ACMA may, by written instrument, authorise a thing seized under this Division to be released to the owner, or to the person from whom it was seized, either:

  (a)   unconditionally; or

  (b)   on such conditions as the ACMA thinks fit, including conditions as to giving security for payment of its value if it is forfeited under section   551.

  (3)   In this section:

"this Act" includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.