QLDIn ForceAct
Land Act 1994
sec.390ZMReceipt and information notice for seized thing
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### sec.390ZM Receipt and information notice for seized thing
This section applies if an authorised officer seizes anything under section 390ZG or 390ZH unless—
the authorised officer reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or
because of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.
The authorised officer must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—
a receipt for the thing that generally describes the thing and its condition; and
an information notice about the decision to seize it.
However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.
The receipt and information notice may—
be given in the same document; and
relate to more than 1 seized thing.
The authorised officer may delay giving the receipt and information notice if the authorised officer reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised officer under this chapter.
However, the delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.
s 390ZM ins 2019 No. 7 s 203
(sec.390ZM-ssec.1) This section applies if an authorised officer seizes anything under section 390ZG or 390ZH unless— the authorised officer reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or because of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.
(sec.390ZM-ssec.2) The authorised officer must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized— a receipt for the thing that generally describes the thing and its condition; and an information notice about the decision to seize it.
(sec.390ZM-ssec.3) However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.
(sec.390ZM-ssec.4) The receipt and information notice may— be given in the same document; and relate to more than 1 seized thing.
(sec.390ZM-ssec.5) The authorised officer may delay giving the receipt and information notice if the authorised officer reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised officer under this chapter.
(sec.390ZM-ssec.6) However, the delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.
- (a) the authorised officer reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or
- (b) because of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.
- (a) a receipt for the thing that generally describes the thing and its condition; and
- (b) an information notice about the decision to seize it.
- (a) be given in the same document; and
- (b) relate to more than 1 seized thing.