39ZRetention and return of seized documents or computers

39Z Retention and return of seized documents or computers (1) Subject to subsection (2), an inspector must take reasonable steps to ensure that a document or computer that the inspector has seized under this Part is returned to the relevant person not later than 3 months after its seizure. (2) The inspector is only required to return a document or computer under subsection (1), if the inspector is satisfied that— (a) the document or computer is not required (or is no longer required) for the purpose for which it was seized; and (b) the continued retention of the document or computer is not necessary to prevent the document or computer being used in a way that would justify its seizure under this Part; and (c) the document or computer is not subject to a dispute as to ownership which would be appropriately resolved by making an application under section 39ZA for the return of the document or computer. (3) This section does not apply if the Magistrates' Court makes an order under section 39ZB extending the period during which the document or computer may be retained. (4) Nothing in this section affects a lien or other security over a computer. (5) Nothing in this section prevents the return of a document or computer to its owner at any time if the Commission considers there is no reason for its continued retention. (6) In this section— ***relevant person***, in relation to a document or computer means— (a) the person from whom the document or computer was seized; or (b) the owner of the document or computer if the person from whom it was seized is not entitled to possess it. S. 39ZA inserted by No. 41/2021 s. 5. 39ZA Application for return of seized documents or computers (1) For the purposes of section 39Z(2)(c), an application for the return of a document or computer seized under this Part may be made to the Magistrates' Court by— (a) the person from whom it was seized; or (b) a person who claims to be the owner. (2) A person who makes an application under subsection (1) must serve a copy of the application on the Commission. (3) The Commission is entitled to appear before the Magistrates' Court and be heard in relation to an application under subsection (1). (4) The Magistrates' Court may make an order for the return of the document or computer to the person from whom it was seized or, if that person is not entitled to possess it, to the owner, if the Court is satisfied that— (a) the document or computer is not required (or is no longer required) for the purpose for which it was seized; and (b) the continued retention of the document or computer is not necessary to prevent the document or computer being used in a way that would justify its seizure under this Part. S. 39ZB inserted by No. 41/2021 s. 5. 39ZB Magistrates' Court may extend 3-month period (1) If an inspector seizes a document or computer under this Part, the inspector may apply to the Magistrates' Court for an order for an extension, not exceeding 3 months, of the period for which the inspector may retain the document or computer. (2) An application under subsection (1) must be made— (a) not later than 3 months after seizing a document or computer under this Part; or (b) if an extension has been granted under this section, before the end of the period of the extension. (3) The Magistrates' Court may make the order if the Court is satisfied that— (a) it is in the interests of justice; and (b) the total period of retention does not exceed 12 months; and (c) retention of the document or computer is necessary— (i) for the purposes of an investigation into whether a contravention of an essential services requirement has occurred; or (ii) to enable evidence of an alleged contravention of an essential services requirement to be obtained for the purposes of a proceeding under this Act or relevant legislation. (4) At least 7 days prior to the hearing of an application under this section, notice of the application must be sent to the owner of the document or computer described in the application. Division 5—Offences S. 39ZC inserted by No. 41/2021 s. 5. 39ZC Refusal or failure to comply with requirement A person must not, without reasonable excuse, refuse or fail to comply with a requirement of an inspector under this Part. S. 39ZD inserted by No. 41/2021 s. 5. 39ZD Protection against self-incrimination (1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person or expose the person to a penalty. (2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person or expose the person to a penalty. (3) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to provide information or assistance that a person is required under section 39U to provide, if the provision of the information or assistance would tend to incriminate the person or expose the person to a penalty. S. 39ZE inserted by No. 41/2021 s. 5. 39ZE Offence to hinder or obstruct inspector A person must not, without reasonable excuse, hinder or obstruct an inspector who is exercising a power under this Part. S. 39ZF inserted by No. 41/2021 s. 5. 39ZF Offence to impersonate inspector A person who is not an inspector must not, in any way, hold themselves out to be an inspector. Division 6—Miscellaneous S. 39ZG inserted by No. 41/2021 s. 5. 39ZG Requirement to assist inspector during entry An inspector exercising a power of entry under this Part may require a person at the premises— (a) to give information to the inspector, orally or in writing; and (b) to produce documents to the inspector; and (c) to give reasonable assistance to the inspector. S. 39ZH inserted by No. 41/2021 s. 5. 39ZH Entry to be reported to the Commission (1) If an inspector exercises a power of entry under Division 3, the inspector must report the exercise of the power to the Commission not later than 7 days after the entry. (2) The report must include all relevant details of the entry including— (a) the time and place of the entry; and (b) the purpose of the entry; and (c) a description of things done while on the premises, including details of— (i) documents seized, copies made and extracts taken; and (ii) computers seized; and (d) the time of departure. S. 39ZI inserted by No. 41/2021 s. 5. 39ZI Register of exercise of powers of entry The Commission must keep and maintain a register containing the particulars of all matters reported to the Commission under section 39ZH. S. 39ZJ inserted by No. 41/2021 s. 5. 39ZJ Complaints (1) A person may complain to the Commission about the exercise of a power by an inspector under this Part. (2) The Commission must— (a) investigate any complaint made to the Commission; and (b) provide a written report to the complainant on the results of the investigation. Division 7—When inspector must not exercise search and seizure powers or apply for search warrants S. 39ZK inserted by No. 41/2021 s. 5. 39ZK Matters about which inspectors must not exercise search and seizure powers or apply for search warrants An inspector must not exercise a power or apply for the issue of a search warrant under this Part— (a) on the grounds that a person may have contravened a provision of Part 3 of the **Grain Handling and Storage Act 1995**; or (b) on the grounds that a person may have contravened Part 3 of the **Port Management Act 1995** or for the purposes of conducting an inquiry under section 49Z of that Act. Pt 4C (Heading and s. 39ZL) inserted by No. 41/2021 s. 5. Part 4C—Court may order compliance with requirements S. 39ZL inserted by No. 41/2021 s. 5. 39ZL Powers of court if requirement of Commission or inspector not complied with (1) Subject to subsection (2), if the Commission is satisfied that a person has failed, without reasonable excuse, to comply with a requirement under section 36, 37 or 39ZG, the Commission may apply to a court for an order directing the person to comply with the requirement. (2) The Commission must not make an application under subsection (1) if the person to whom the failure relates has been charged with an offence under section 36(4), 37(2) or 39ZC (as the case requires). (3) On an application under subsection (1), the court may— (a) order the person to comply with the requirement within a period specified in the order; and (b) make any other orders it considers appropriate. (4) If a proceeding is commenced under this section in relation to a failure to comply with a requirement, the person to whom the failure relates cannot be charged with an offence under section 36(4), 37(2) or 39ZC (as the case requires).