Div 9General provisions relating to search and seizure

Division 9—General provisions relating to search and seizure 166—Copies of seized things to be provided (1) Subject to subsection (2), if an inspector seizes, under a warrant relating to premises— (a) a document, film, computer file or other thing that can be readily copied; or (b) a storage device, the information in which can be readily copied, the inspector must, if requested to do so by the occupier of the premises, or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to that person as soon as practicable after the seizure. (2) Subsection (1) does not apply if— (a) the thing that has been seized was seized under section 156(2)(b) or (c); or (b) possession by the occupier of the document, film, computer file, thing or information could constitute an offence. 167—Occupier entitled to be present during search (1) If a warrant in relation to premises is being executed and the occupier of the premises, or another person who apparently represents the occupier is present at the premises, the person is entitled to observe the search being conducted. (2) The right to observe the search being conducted ceases if the person impedes the search. (3) This section does not prevent two or more areas of the premises being searched at the same time. 168—Receipts for things seized (1) If a thing is seized under this Part, the inspector must provide a receipt for the thing. (2) If two or more things are seized, they may be covered in the one receipt. 169—Retention of seized things (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Part, the inspector must return it if— (a) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or (b) the period of 60 days after its seizure ends, whichever first occurs, unless the thing is forfeited or forfeitable to the State of South Australia. (2) At the end of the 60 days specified in subsection (1), an inspector must take reasonable steps to return the thing to the person from whom it was seized, unless— (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or (b) an inspector may retain the thing because of an order under section 170; or (c) to return the thing could cause an imminent risk of death, serious illness, serious injury or serious damage to the environment; or (d) an inspector is otherwise authorised (by a law, or an order of a court, of the State of South Australia or the Commonwealth) to retain, destroy or dispose of the thing. (3) The thing may be returned under subsection (2) either unconditionally or on such terms and conditions as the Regulator sees fit. 170—Magistrates Court may permit a thing to be retained (1) An inspector may apply to the Magistrates Court for an order that he or she may retain the thing for a further period if— (a) before the end of 60 days after the seizure; or (b) before the end of a period previously specified in an order of the Magistrates Court under this section, proceedings in respect of which the thing may afford evidence have not commenced. (2) If the Magistrates Court is satisfied that it is necessary for an inspector to continue to retain the thing— (a) for the purposes of an investigation as to whether an offence against this Act or the regulations has been committed; or (b) to enable evidence of an offence against this Act or the regulations to be secured for the purposes of a prosecution, the Court may order that an inspector may retain the thing for a period (not being a period exceeding 3 years) specified in the order. (3) Before making the application, the inspector must— (a) take reasonable steps to discover who has an interest in the retention of the thing; and (b) if it is practicable to do so, notify each person whom the inspector believes to have such an interest of the proposed application. (4) The Magistrates Court must, when exercising its jurisdiction under this section, be constituted of a magistrate. This section differs from section 170 of the Commonwealth Act. 171—Disposal of goods if there is no owner or owner cannot be located If— (a) a thing is seized under this Part; and (b) apart from this section, the State of South Australia is required to return the thing to the owner; and (c) there is no owner or the Regulator cannot, despite making reasonable efforts, locate the owner, the Regulator may dispose of the thing in such manner as the Regulator thinks appropriate.