Radiation Protection Act 2004
66Retention of things seized
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66 Retention of things seized (1) The following provisions apply in relation to a thing seized because it is connected with an offence against this Act: (a) it must be held by the authorised officer for adducing evidence for a prosecution for an offence against this Act unless the Chief Health Officer authorises its release to its owner or the person who had possession of it immediately before its seizure; (b) if a prosecution for an offence against this Act is started within 12 months after the seizure and the defendant is found guilty, the court may order that it be forfeited to the Territory; (c) the officer must release it to its owner or the person who had possession of it immediately before its seizure if: (i) a prosecution for an offence against this Act is not started within 12 months after the seizure; or (ii) on a prosecution being started within that period, the defendant is not found guilty or the court does not make an order under paragraph (b). (2) If a radiation source is forfeited to the Territory under subsection (1)(b), the Territory does not contravene a provision of this Act merely because of its possession of the source. (3) The following provisions apply in relation to a thing that is seized because it poses a threat to the health or safety of persons or a threat of harm to the environment: (a) the authorised officer must take steps to destroy, bury or otherwise render the thing harmless; (b) once it has been rendered harmless, unless it has been destroyed or buried, the officer must release it to its owner or the person who had possession of it immediately before its seizure.