18Return of seized things

18 Return of seized things

(1) As soon as possible after an inspector seizes any thing (including a document) under this Part, the Authority must return the thing to the owner unless—

(a) the Authority considers it necessary to retain the thing because it may afford evidence in proceedings, that have been or that may be commenced, for an offence against this Act or the regulations; or

(b) the thing is forfeited to the Authority under section 18A; or

S. 18(1)(ba) inserted by No. 36/2021 s. 34(1).

(ba) the owner of the thing notifies the Authority in writing that the owner transfers ownership of the thing to the Authority; or

S. 18(1)(bb) inserted by No. 36/2021 s. 34(1).

(bb) the thing is a copy made under section 21C of a document or part of a document; or

(c) the Authority is otherwise authorised (by a law or court order) to retain, destroy or dispose of the thing.

(2) The thing may be returned either unconditionally or on any terms and conditions that the Authority considers appropriate to eliminate or reduce any risks to health or safety arising from, or in relation to, prescribed equipment.

(3) If the Authority imposes terms or conditions on the return of a thing, the owner must comply with each of those terms and conditions.

S. 18(4) inserted by No. 36/2021 s. 34(2).

(4) To avoid doubt, the Authority may destroy or dispose of a thing without giving notice to any person of the destruction or disposal if—

(a) the thing is forfeited to the Authority under section 18A; or

(b) the owner of the thing has notified the Authority under subsection (1)(ba) that the owner transfers ownership of the thing to the Authority; or

(c) the thing is a copy made under section 21C of a document or part of a document; or

(d) the Authority is otherwise authorised (by a law or court order) to destroy or dispose of the thing without giving notice to any person.

S. 18A inserted by No. 31/2005 s. 27.