sec.114Return of item of level 2 or 3 in-scope electrical equipment provided to regulator

sec.114 Return of item of level 2 or 3 in-scope electrical equipment provided to regulator

This section applies if a person provides the regulator with— an item of a type of level 3 in-scope electrical equipment under division 7 ; or an item of a type of level 2 or 3 in-scope electrical equipment for testing and examination because of a requirement made by the regulator under division 9 . The regulator must notify the person of the item of in-scope electrical equipment being available for collection by the person at a stated place as soon as practicable after— if the item was provided under division 7 —the regulator decides the application to which the item relates; or if the item was provided for testing and examination— if the regulator believes, on reasonable grounds, that the item is required as evidence in a prosecution for an offence—the prosecution and any appeal from the prosecution; or if subparagraph (i) does not apply—the testing and examination. Despite subsection (2) (b) (i) , the regulator must notify the person immediately after the earlier of the following— the regulator decides the item of in-scope electrical equipment is not required as evidence; a prosecution for an offence involving the item of in-scope electrical equipment is not started within 6 months from when the notice would have been given if subsection (2) (b) (i) had not applied. If, at the end of 6 months after the giving of notice, the item of in-scope electrical equipment has not been collected, the regulator may dispose of the item as the regulator considers appropriate and the person is not entitled to claim for the item or any loss or damage to it. Subsection (2) does not apply if the item of in-scope electrical equipment was necessarily destroyed by testing. (sec.114-ssec.1) This section applies if a person provides the regulator with— an item of a type of level 3 in-scope electrical equipment under division 7 ; or an item of a type of level 2 or 3 in-scope electrical equipment for testing and examination because of a requirement made by the regulator under division 9 . (sec.114-ssec.2) The regulator must notify the person of the item of in-scope electrical equipment being available for collection by the person at a stated place as soon as practicable after— if the item was provided under division 7 —the regulator decides the application to which the item relates; or if the item was provided for testing and examination— if the regulator believes, on reasonable grounds, that the item is required as evidence in a prosecution for an offence—the prosecution and any appeal from the prosecution; or if subparagraph (i) does not apply—the testing and examination. (sec.114-ssec.3) Despite subsection (2) (b) (i) , the regulator must notify the person immediately after the earlier of the following— the regulator decides the item of in-scope electrical equipment is not required as evidence; a prosecution for an offence involving the item of in-scope electrical equipment is not started within 6 months from when the notice would have been given if subsection (2) (b) (i) had not applied. (sec.114-ssec.4) If, at the end of 6 months after the giving of notice, the item of in-scope electrical equipment has not been collected, the regulator may dispose of the item as the regulator considers appropriate and the person is not entitled to claim for the item or any loss or damage to it. (sec.114-ssec.5) Subsection (2) does not apply if the item of in-scope electrical equipment was necessarily destroyed by testing.