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Water Act 1992
32Duty of authorised officer in relation to seized thing
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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