108ARetention notices

108A Retention notices S. 108A(1) substituted by No. 69/2004 s. 11(1), amended by No. 37/2014 s. 10(Sch. item 65.20(a)). (1) This section applies to a thing that an authorised officer or a police officer— (a) believes on reasonable grounds has been taken or used in contravention of this Act or a corresponding law of another State or a Territory of the Commonwealth; or (b) is entitled to seize under this Act. S. 108A(1A) inserted by No. 69/2004 s. 11(1), amended by Nos 37/2014 s. 10(Sch. item 65.20(b)), 68/2016 s. 106(1). (1A) The authorised officer or police officer may issue the person holding or using the thing with a notice requiring the person to keep the thing in his or her possession and not to sell or dispose of the thing. S. 108A(2) amended by No. 69/2004 s. 11(2). (2) A notice under subsection (1A)— (a) must be in writing; and (b) must specify the thing to which the notice relates (including in the case of fish, the species and quantity); and (c) has effect for the period specified in the notice (which must not be more than 90 days from the issue of the notice); and (d) may be cancelled by the person who issued the notice; and (e) is subject to any terms and conditions specified in the notice. S. 108A(3) amended by No. 68/2016 s. 106(2). (3) If proceedings are commenced within the period specified in the notice against any person in relation to the thing to which the notice relates, the chief executive officer may extend the period for which a notice has effect under subsection (2). S. 108A(4) amended by No. 68/2016 s. 106(3). (4) If the chief executive officer extends the period for which a notice has effect, the chief executive officer must, before the expiry of the original extension— (a) notify the person to whom the notice is issued of the extension; and (b) specify in the notice the period for which the extension is to have effect. (5) A person to whom a notice has been issued must comply with the notice. 1. 100 penalty units or 6 months imprisonment or both. S. 108B inserted by No. 80/2000 s. 11.