35QRetention and return of things seized

35Q Retention and return of things seized

(a) a licensing inspector seizes anything under section 35K; or

(b) a licensing inspector or police officer seizes anything under a licensing search warrant.

(2) Subject to this section, the licensing inspector or police officer may retain the thing until the completion of any proceedings (including proceedings on appeal) in which it may be evidence but only if, in the case of a document, the person from whom the document was seized is given, as soon as practicable after the seizure, a copy of the document certified by an authorised person as a true copy.

(3) A copy of a document certified under subsection (2) is, as evidence, of equal validity to the original.

(4) Subsection (2) ceases to have effect in relation to the thing if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are commenced so orders.

(5) If the thing has not been returned within 3 months after it was seized, the licensing inspector or police officer must take reasonable steps to return it unless—

(a) proceedings referred to in subsection (2) have commenced; or

(b) the Magistrates' Court makes an order under section 35R extending the period during which the thing may be retained; or

(c) a forfeiture notice has been given under section 37A(1) in relation to the thing.

S. 35R inserted by No. 51/2024 s. 37.