29NSeizure of documents and things

29N Seizure of documents and things

(1) If an authorised officer seizes a document or thing during entry to a premises or place under section 29C or 29I or under a warrant issued under section 29E, the authorised officer must—

(a) give the owner of the document or thing a written receipt of the seizure; and

(b) within 21 days of the seizure, give the owner a copy of that document certified by the authorised officer.

(2) A receipt under subsection (1)(a) must—

(a) identify the document or thing seized; and

(b) set out the name of the authorised officer and a method of contacting the authorised officer; and

(c) set out the reason for the seizure; and

(d) contain any prescribed information.

(3) The authorised officer must return any seized document or thing to the owner—

(a) if the reason for the seizure no longer applies; or

(b) if the document or thing was seized under section 29C(2) or 29I(2), the owner of the document or thing withdraws consent for the seizure.

(4) If a seized document or thing is not returned to the owner within 3 months of the seizure, the authorised officer must take reasonable steps to return the document or thing to the owner unless—

(a) the proceedings or investigation for which the document or thing was seized has commenced but is not resolved or finally determined; or

(b) the Magistrates' Court by order extends the period during which the seized document or thing may be held; or

(c) the owner consents to the document or thing being held for a longer period; or

(d) the authorised officer is authorised by any law to destroy, continue to hold or dispose of the document or thing.

(5) The authorised officer may apply to a magistrate for an extension of not more than 3 months of the period during which a seized document or thing may be held.

(6) The magistrate must not grant the extension sought unless the magistrate is satisfied that the extension is necessary for the purposes of an investigation into whether a relevant entity is complying, or has complied, with the Child Safe Standards or this Part.

(7) If the authorised officer makes an application for an extension under subsection (5), the authorised officer must give the owner at least 7 days' notice of the hearing of the application.

(8) The total period of all extensions granted under subsection (6) in relation to a particular document or thing must not exceed 12 months.

S. 29O inserted by No. 23/2021 s. 24.