Duty of inspector in relation to seized thing
89C Duty of inspector in relation to seized thing
(1) As soon as practicable but within 5 business days after an inspector seizes a thing under section 89B, the inspector must give a receipt for it to the person from whom it was seized.
(2) The receipt must describe generally each thing seized and its condition.
(3) If for any reason it is not practicable to comply with subsection (1), the inspector must:
leave the receipt at the place of seizure; and
(b) ensure the receipt is left in a reasonably secure way and in a conspicuous position.
(4) The inspector must allow a person who would be entitled to the seized thing if it were not in the inspector's possession to inspect it and, if it is a document, to take extracts from it or make copies of it.
(5) The inspector must return the seized thing to its owner at the end of the later of:
3 years from the date it was seized; or
(b) if a prosecution for an offence involving the seized thing is started within the 3 years from the date it was seized – 12 months after the end of the prosecution for the offence and any appeal from the prosecution.
(6) Despite subsection (5), the inspector must return the seized thing to the person from whom it was seized if the inspector no longer considers its retention as evidence is necessary.
(7) Despite subsections (5) and (6), the inspector may keep the seized thing if the inspector believes on reasonable grounds that it is necessary to continue to keep it to prevent its use in committing an offence.
(8) An inspector must give written notice to the owner of a seized thing as soon as practicable if the inspector decides under subsection (7) to keep the thing.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.