QLDIn ForceAct
Child Protection Act 1999
sec.178Procedure after seizure of thing
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### sec.178 Procedure after seizure of thing
As soon as practicable after seizing the thing, the officer must give a receipt for it to the person from whom it was seized.
If, for any reason, it is not practicable to comply with subsection (1) , the officer must—
leave the receipt at the place of seizure; and
ensure the receipt is left in a reasonably secure way and in a conspicuous position.
The receipt must describe generally the seized thing and its condition.
The officer must allow a person who would be entitled to the seized thing if it were not in the officer’s possession, at any reasonable time—
to inspect it; or
if it is a document—to copy it.
The officer must return the seized thing to the person—
at the end of 1 year; or
if a prosecution for an offence involving it is started within 1 year—at the end of the prosecution and any appeal from the prosecution.
Despite subsection (5) , the officer must return the seized thing to the person if the officer is satisfied its retention as evidence is no longer necessary.
s 178 amd 2000 No. 7 s 37
(sec.178-ssec.1) As soon as practicable after seizing the thing, the officer must give a receipt for it to the person from whom it was seized.
(sec.178-ssec.2) If, for any reason, it is not practicable to comply with subsection (1) , the officer must— leave the receipt at the place of seizure; and ensure the receipt is left in a reasonably secure way and in a conspicuous position.
(sec.178-ssec.3) The receipt must describe generally the seized thing and its condition.
(sec.178-ssec.4) The officer must allow a person who would be entitled to the seized thing if it were not in the officer’s possession, at any reasonable time— to inspect it; or if it is a document—to copy it.
(sec.178-ssec.5) The officer must return the seized thing to the person— at the end of 1 year; or if a prosecution for an offence involving it is started within 1 year—at the end of the prosecution and any appeal from the prosecution.
(sec.178-ssec.6) Despite subsection (5) , the officer must return the seized thing to the person if the officer is satisfied its retention as evidence is no longer necessary.
- (a) 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.
- (a) to inspect it; or
- (b) if it is a document—to copy it.
- (a) at the end of 1 year; or
- (b) if a prosecution for an offence involving it is started within 1 year—at the end of the prosecution and any appeal from the prosecution.