Explosives Act 1999
sec.146Return of seized things
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sec.146 Return of seized things
New section 95 applies in relation to a thing seized under part 6 before the commencement that, on the commencement, is still seized. If, at any time before the commencement, a thing seized under part 6 was not returned to its owner within the time required under old section 95— the retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 95; and the State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 95. Subsection (2) applies for all purposes including a legal proceeding started before the commencement. In this section— new section 95 means section 95 as in force from the commencement. old section 95 means section 95 as in force from time to time before the commencement. s 146 ins 2014 No. 64 s 212D (sec.146-ssec.1) New section 95 applies in relation to a thing seized under part 6 before the commencement that, on the commencement, is still seized. (sec.146-ssec.2) If, at any time before the commencement, a thing seized under part 6 was not returned to its owner within the time required under old section 95— the retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 95; and the State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 95. (sec.146-ssec.3) Subsection (2) applies for all purposes including a legal proceeding started before the commencement. (sec.146-ssec.4) In this section— new section 95 means section 95 as in force from the commencement. old section 95 means section 95 as in force from time to time before the commencement.
- (a) the retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 95; and
- (b) the State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 95.