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Residential Tenancies and Rooming Accommodation Act 2008
sec.444Procedure after document seized
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### sec.444 Procedure after document seized
As soon as practicable after a document is seized by an authorised person under section 443 , the authorised person must give a receipt for it to the person from whom it was seized.
Until the document is returned, the authorised person must allow a person who would be entitled to the seized document if it were not in the authorised person’s possession to copy it.
The authorised person must return the seized document to the person—
at the end of 1 year; or
if a proceeding for an offence involving it is started within 1 year—at the end of the proceeding and any appeal from the proceeding.
Despite subsection (3) , the authorised person must return the seized document to the person if the authorised person—
stops being satisfied its continued retention as evidence is necessary; and
is satisfied its return is not likely to result in its use in repeating the offence.
(sec.444-ssec.1) As soon as practicable after a document is seized by an authorised person under section 443 , the authorised person must give a receipt for it to the person from whom it was seized.
(sec.444-ssec.2) Until the document is returned, the authorised person must allow a person who would be entitled to the seized document if it were not in the authorised person’s possession to copy it.
(sec.444-ssec.3) The authorised person must return the seized document to the person— at the end of 1 year; or if a proceeding for an offence involving it is started within 1 year—at the end of the proceeding and any appeal from the proceeding.
(sec.444-ssec.4) Despite subsection (3) , the authorised person must return the seized document to the person if the authorised person— stops being satisfied its continued retention as evidence is necessary; and is satisfied its return is not likely to result in its use in repeating the offence.
- (a) at the end of 1 year; or
- (b) if a proceeding for an offence involving it is started within 1 year—at the end of the proceeding and any appeal from the proceeding.
- (a) stops being satisfied its continued retention as evidence is necessary; and
- (b) is satisfied its return is not likely to result in its use in repeating the offence.