21Prescribed information for receipt for seized things

21 Prescribed information for receipt for seized things

(1) For the purposes of section 240(2)(a) of the Act, the prescribed information is—

(a) the time, date and place of the seizure; and

(b) the name of the police officer, community corrections officer, supervision officer or specified officer (as the case requires) who—

(i) seized the thing; or

(ii) is responsible for recording the details of the seized thing; and

(c) a description of the seized thing; and

(d) the name of the person from whom the thing was seized; and

(e) if the person from whom the thing was seized is not the owner of the thing, the name and address of the owner of the thing (if known); and

(f) information regarding the person's right under section 244 of the Act to apply to the Magistrates' Court for the return of the seized thing.

(2) The information specified in subregulation (1) may be contained in one or more receipts.

(3) Subject to subregulations (4) and (5), for the purposes of section 240(2)(b) of the Act, a receipt must be signed by—

(a) the person from whom the thing was seized; and

(b) the police officer, community corrections officer, supervision officer or specified officer (as the case requires) who—

(i) seized the thing; or

(ii) is responsible for recording the details of the seized thing.

(4) If the person from whom the thing was seized refuses to sign a receipt, a receipt may be signed by—

(a) a police officer, a community corrections officer, a supervision officer or a specified officer who is present at the time of the seizure, other than the police officer, the community corrections officer, the supervision officer or the specified officer who has signed the receipt in accordance with subregulation (3)(b); or

(b) any other adult not referred to in paragraph (a) who is present at the time of the seizure.

(5) The signature by the officer present at the time of the seizure is sufficient for the purposes of subregulation (3) if—

(a) the person from whom the thing was seized refuses to sign a receipt; and

(b) there is only one police officer, community corrections officer, supervision officer or specified officer present at the time of the seizure; and

(c) there is no other adult present at the time of the seizure.