Dealing with evidential material and certain property or things seized under POCA search warrants
40AU Dealing with evidential material and certain property or things seized under POCA search warrants
This section applies if:
property or a thing (the seized item) is seized under a POCA search warrant in relation to a Tribunal offence; and
the seized item is:
evidential material; or
property or a thing of a kind referred to in subparagraph 40AR(a)(iv); and
the seized item is seized by a person (the seizing officer) who is:
an authorised officer; or
a person assisting in relation to the warrant.
The seizing officer may retain the seized item for a period not exceeding 1 month pending a written direction from the Attorney‑General as to how to deal with the seized item.
Without limiting the directions that may be given under subsection (2), the Attorney‑General may direct the seizing officer to send the seized item to the Tribunal.
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