NTIn ForceAct
Petroleum Act 1984
89CDuty of inspector in relation to seized thing
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89C Duty of inspector in relation to seized thing
(1) As soon as practicable but within 5 business days after an inspector
seizes a thing under section 89B, the inspector must give a receipt
for it to the person from whom it was seized.
(2) The receipt must describe generally each thing seized and its
condition.
(3) If for any reason it is not practicable to comply with subsection (1),
the inspector must:
(a) leave the receipt at the place of seizure; and
(b) ensure the receipt is left in a reasonably secure way and in a
conspicuous position.
(4) The inspector must allow a person who would be entitled to the
seized thing if it were not in the inspector's possession to inspect it
and, if it is a document, to take extracts from it or make copies of it.
(5) The inspector must return the seized thing to its owner at the end of
the later of:
(a) 3 years from the date it was seized; or
(b) if a prosecution for an offence involving the seized thing is
started within the 3 years from the date it was seized –
12 months after the end of the prosecution for the offence and
any appeal from the prosecution.
(6) Despite subsection (5), the inspector must return the seized thing to
the person from whom it was seized if the inspector no longer
considers its retention as evidence is necessary.
(7) Despite subsections (5) and (6), the inspector may keep the seized
thing if the inspector believes on reasonable grounds that it is
necessary to continue to keep it to prevent its use in committing an
Petroleum Act 1984 97
(8) An inspector must give written notice to the owner of a seized thing
as soon as practicable if the inspector decides under subsection (7)
to keep the thing.