83LRetention notices

83L Retention notices

S. 83L(1) amended by No. 48/2010 s. 14.

(1) If an authorised officer believes on reasonable grounds that any thing has been taken or is being held in contravention of Division 2 or 3 of Part 8 or a corresponding law of another State, a Territory of the Commonwealth or the Commonwealth, the officer may issue the person holding the thing with a notice requiring that person to keep the thing in his or her possession and not to sell or dispose of the thing.

(2) A notice under subsection (1)—

(a) must be in writing; and

(b) has effect for the period specified in the notice (which must not be more than 90 days from the issue of the notice); and

(c) may be cancelled by the person who issued the notice; and

(d) is subject to any terms and conditions specified in the notice.

(3) If the Secretary is of the opinion that it is reasonably necessary to do so, the Secretary may extend the period for which a notice under subsection (1) has effect under subsection (2).

(4) If the Secretary extends the period for which a notice under subsection (1) has effect, the Secretary must, before the expiry of the original extension—

(a) notify the person to whom the notice is issued of the extension; and

(b) specify in the notice the period for which the extension is to have effect.

(5) A person to whom a notice under subsection (1) has been issued must comply with the notice.

S. 83M inserted by No. 61/2003 s. 29.