32Duty of authorised officer in relation to seized thing

32 Duty of authorised officer in relation to seized thing (1) As soon as practicable but within 5 business days after an authorised officer seizes a thing under section 27, the officer must give a receipt for the seized thing to the person from whom it was seized. (2) The receipt must describe generally each thing seized and its condition. (3) If, for any reason, it is not practicable to comply with subsection (1), the authorised officer must: (a) leave the receipt at the place of seizure; and (b) ensure the receipt is left in a reasonably secure way and in a conspicuous position. (4) The authorised officer must allow the owner of the seized thing to inspect it and, if it is a document, to take extracts from it or make copies of it. (5) The authorised officer must return the seized thing to its owner at the end of the later of: (a) 12 months; or (b) if a prosecution for an offence involving the seized thing is started within the 12 months – 12 months after the end of the prosecution for the offence and any appeal from the prosecution. (6) Despite subsection (5), the authorised officer must return the seized thing to its owner immediately if the authorised officer stops being satisfied its retention as evidence is necessary. (7) Despite subsections (5) and (6), the authorised officer may keep the seized thing if the authorised officer believes on reasonable grounds that it is necessary to continue to keep it to prevent its use in committing an offence. (8) The authorised officer must give written notice to the owner of the seized thing as soon as practicable if the officer decides under subsection (7) to keep the thing.

Water Act 1992 34