Return of physical items seized

105 Physical items seized to be returned after search or analysis

(1)

A physical item seized under an intelligence warrant may be retained by an intelligence and security agency only for as long as is reasonably necessary to enable the agency to conduct a search or analysis of the item.

(2)

The physical item must then be returned to—

(a)

the place from which it was seized; or

(b)

the person from whom it was seized.

(3)

However, subsection (2) does not apply if—

(a)

the return of the item would undermine the ability of the agency to maintain the secrecy of the search and seizure; or

(b)

the person from whom the item was seized was not lawfully entitled to possession of the item; or

(c)

the item was unlawfully in the place from which it was seized or was being used unlawfully in the place from which it was seized; or

(d)

the person from whom the item was seized cannot be found.