230ZAccess to seized things

230Z Access to seized things

(1) If a thing is seized under Division 2 or Division 3, the port safety officer who seized the thing must, if practicable, allow the person who would normally be entitled to possession of it reasonable access to it while it remains in the possession, or under the control, of the port safety officer.

(2) This section does not apply if the port safety officer has given the person an accurate copy of the thing.

S. 230ZA inserted by No. 93/2009 s. 15.

230ZA Retention and return of seized documents or things

(1) If a port safety officer seizes a document or other thing under this Part, the port safety officer must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.

(2) If the document or thing seized has not been returned within 3 months after it was seized, the port safety officer must take reasonable steps to return it unless—

(a) proceedings for the purpose for which the document or thing was seized or retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or

(b) the Magistrates' Court makes an order under section 230ZB extending the period during which the document or thing may be retained.

S. 230ZB inserted by No. 93/2009 s. 15.

230ZB Magistrates' Court may extend 3 month period

(1) A port safety officer may apply to the Magistrates' Court within 3 months after seizing a document or thing under Division 2 or Division 3 for an extension (not exceeding 3 months) of the period for which the port safety officer may retain the document or thing but so that the total period of retention does not exceed 12 months.

(2) The Magistrates' Court may order such an extension if it is satisfied that the total period of retention of the document or thing does not exceed 12 months and that retention of the document or thing is necessary—

(a) for the purpose of an investigation into whether a contravention of a hazardous port activity provision; or

(b) to enable evidence of a contravention of a hazardous port activity provision to be obtained for the purpose of a proceeding under such a hazardous port activity provision.

(3) The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person.

Pt 7A Div. 4A (Heading and ss 230ZBA, 230ZBB) inserted by No. 19/2010 s. 15.

Division 4A—Port safety infringement notices

S. 230ZBA inserted by No. 19/2010 s. 15.