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s 106

Receipt for seized things

In force
Part 5Investigation and enforcement
Division 4Seizure by authorised officers and forfeiture
Subdivision 3Safeguards for seized things

106 Receipt for seized things

(1)

This section applies if an authorised officer seizes anything under this division unless—

(a)

the authorised officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or

(b)

because of the condition, nature and value of the thing, it would be unreasonable to require the authorised officer to comply with this section.

(2)

The authorised officer must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized a receipt for the thing that generally describes the thing and its condition.

(3)

However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt may be given by leaving the receipt in a conspicuous position and in a reasonably secure way at the place where the thing is seized.

(4)

The receipt may relate to more than 1 seized thing.

(5)

The authorised officer may delay giving the receipt if the officer reasonably suspects giving the receipt may frustrate or otherwise hinder an investigation by the officer under this part.

(6)

However, the delay may be only for so long as—

(a)

the authorised officer continues to have the reasonable suspicion; and

(b)

the authorised officer, or a person acting under the direction of the authorised officer, remains in the vicinity of the place where the thing was seized to keep the thing or place under observation.

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