235Court may order destruction of seized documents or things

235 Court may order destruction of seized documents or things

(1) The Board or Commission, as the case requires, may apply to the Magistrates' Court for an order permitting the destruction of a document or other thing seized by an authorised officer under this Division if—

(a) the authorised officer is not able to return it to its owner or the person from whom it was seized; or

(b) the thing is dangerous.

(2) On an application made under subsection (1), a court may make—

(a) an order permitting the destruction of a document or other thing if satisfied that it is appropriate to do so; and

(b) any other order that it considers to be appropriate, including, but not limited to, an order relating to the payment by the owner of the document or other thing of the costs of, and any costs incidental to, the destruction of the document or other thing.

(3) At least 7 days before the hearing of an application made under this section, notice of the application must be sent to—

(a) the owner of the document or other thing described in the application; or

(b) the person from whom the document or other thing described in the application was seized.

Division 3—Protection for persons assisting authorised officers