Tattoo Industry Act 2013
sec.53Procedure after thing seized
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sec.53 Procedure after thing seized
As soon as practicable after a thing is seized by an authorised officer, the authorised officer must give a receipt for it to the person from whom it was seized. The authorised officer must allow a person who would be entitled to the seized thing if it were not in the authorised officer’s possession— to inspect it; or if it is a document—to take extracts from it or make copies of it. The authorised officer must return the seized thing to the person at the end of— 12 months; or if a prosecution for an offence involving it is started within 12 months—the proceeding for the offence and any appeal from the proceeding. Despite subsection (3) , the authorised officer must return the seized thing to the person if the authorised officer is satisfied that— its retention as evidence is no longer necessary; and its return is not likely to result in its use in repeating the offence. (sec.53-ssec.1) As soon as practicable after a thing is seized by an authorised officer, the authorised officer must give a receipt for it to the person from whom it was seized. (sec.53-ssec.2) The authorised officer must allow a person who would be entitled to the seized thing if it were not in the authorised officer’s possession— to inspect it; or if it is a document—to take extracts from it or make copies of it. (sec.53-ssec.3) The authorised officer must return the seized thing to the person at the end of— 12 months; or if a prosecution for an offence involving it is started within 12 months—the proceeding for the offence and any appeal from the proceeding. (sec.53-ssec.4) Despite subsection (3) , the authorised officer must return the seized thing to the person if the authorised officer is satisfied that— its retention as evidence is no longer necessary; and its return is not likely to result in its use in repeating the offence.
- (a) to inspect it; or
- (b) if it is a document—to take extracts from it or make copies of it.
- (a) 12 months; or
- (b) if a prosecution for an offence involving it is started within 12 months—the proceeding for the offence and any appeal from the proceeding.
- (a) its retention as evidence is no longer necessary; and
- (b) its return is not likely to result in its use in repeating the offence.