75Seizure of documents

75 Seizure of documents S. 75(1) amended by No. 69/2017 s. 52. (1) An authorised officer may not seize any document under this Part that appears to the authorised officer to be in the possession or custody of a person unless the authorised officer makes out and tenders to the person a receipt in the prescribed form for the document seized. (2) An authorised officer must take all reasonable steps to return a seized document to the person from whom it was seized if— (a) the reason for its seizure no longer exists; or (b) proceedings in which the document may be used in evidence have not commenced within 60 days after its seizure— whichever is the earlier. (3) An authorised officer may apply to the Magistrates' Court for an extension of the period for which a seized document may be kept. (4) An application under subsection (3) must be made within 60 days of the seizure of the document, or if an extension has previously been granted, within the extended period. (5) The Magistrates' Court may order an extension if the court is satisfied that the retention of the document is necessary— (a) for the purposes of an investigation into whether an offence has been committed; or (b) to enable evidence of an offence to be secured for the purposes of a prosecution. (6) The court may adjourn an application under this section to enable notice of the application to be given to any person. S. 75AA inserted by No. 69/2017 s. 53. 75AA Copies of certain seized things to be given (1) If an authorised officer seizes under section 74 or 74AC or under a warrant under section 74AE— (a) a document; or (b) a thing that can be readily copied; or (c) a storage device that contains information that can be readily copied— the authorised officer must, as soon as practicable after completing the search, give— (d) a copy of the document, information or thing; and (e) a receipt for the document, information or thing— to the owner or custodian of the document, information or thing. (2) Subsection (1) does not apply if the authorised officer is unable to discover the identity of the owner or custodian of the document, information or thing. (3) In the case of a paper document, the authorised officer must certify on any copy of the document given to a person under this section that the copy is an accurate copy of the document. (4) In any proceeding under this Act a copy of a document, thing or information given to an owner or custodian in accordance with this section is evidence and in the absence of evidence to the contrary is proof that the copy is a copy of that document, thing or information. S. 75A inserted by No. 103/2003 s. 15.