Forestry Act 1959

This section applies if a forest officer makes a requirement under section 18(1)(e) (the requirement) for the production of a document.

The document must be produced at the place and time stated in the requirement.

The place stated in the requirement—

may be other than the place where the document is ordinarily kept; but

must be reasonable in the circumstances of the making of the requirement.

The time stated in the requirement must be reasonable in the circumstances of the making of the requirement.

To avoid any doubt, it is declared that—

the document must be produced in its original form; and

the forest officer may keep possession of the document for the time the forest officer reasonably requires to exercise the forest officer’s powers under section 18(1)(e).

The forest officer may continue to keep possession of the document after the forest officer has finished exercising the forest officer’s powers under section 18(1)(e) if the forest officer is satisfied on reasonable grounds that continued retention of the document is necessary—

for the purpose of an inquiry under section 18(1)(c); or

to preserve the document as evidence for a prosecution for a contravention of this Act.

Subsection (6)(a) does not authorise retention of the document after the end of—

the time reasonably necessary to complete the inquiry; or

the first 6 months after the production of the documents.

Subsection (6)(b) does not authorise retention of the document after the end of—

if a prosecution for the contravention mentioned in subsection (6)(b) is started within the first 6 months after the production of the document—the prosecution for the contravention and any appeal from the prosecution; or

if paragraph (a) does not apply—the 6 months mentioned in paragraph (a).

Until the document is returned, the forest officer must allow a person who would be entitled to possession of it, if it had not been retained by the forest officer, to inspect it and make copies of it.