108Return of seized things

108 Return of seized things

(1) As soon as possible after an inspector seizes any thing (including a document) under this Part the Authority must return the thing to the owner unless—

(a) the Authority considers it necessary to retain the thing because it may afford evidence in proceedings, that have been or may be commenced, for an offence against this Act or the regulations; or

(b) the thing is forfeited to the Authority under section 109; or

S. 108(1)(ba) inserted by No. 36/2021 s. 32(1).

(ba) the owner of the thing notifies the Authority in writing that the owner transfers ownership of the thing to the Authority; or

S. 108(1)(bb) inserted by No. 36/2021 s. 32(1).

(bb) the thing is a copy made under section 124 of a document or part of a document; or

(c) the Authority is otherwise authorised (by a law or court order) to retain, destroy or dispose of the thing.

(2) The thing may be returned either unconditionally or on such terms and conditions as the Authority considers appropriate to eliminate or reduce any risks to health or safety.

(3) If the Authority imposes terms or conditions on the return of a thing, the owner must comply with each of those terms and conditions.

S. 108(4) inserted by No. 36/2021 s. 32(2).

(4) To avoid doubt, the Authority may destroy or dispose of a thing without giving notice to any person of the destruction or disposal if—

(a) the thing is forfeited to the Authority under section 109; or

(b) the owner of the thing has notified the Authority under subsection (1)(ba) that the owner transfers ownership of the thing to the Authority; or

(c) the thing is a copy made under section 124 of a document or part of a document; or

(d) the Authority is otherwise authorised (by a law or court order) to destroy or dispose of the thing without giving notice to any person.