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Water Supply (Safety and Reliability) Act 2008
sec.430Return of seized things
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### sec.430 Return of seized things
If a seized thing is not forfeited, the authorised officer must return it to its owner—
at the end of 6 months; or
if a proceeding for either of the following involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding—
an offence against this Act;
a Planning Act offence.
Despite subsection (1) , unless the thing is forfeited, the authorised officer must immediately return a thing seized to its owner if the authorised officer stops being satisfied—
its continued retention as evidence is necessary; or
its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.
(sec.430-ssec.1) If a seized thing is not forfeited, the authorised officer must return it to its owner— at the end of 6 months; or if a proceeding for either of the following involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding— an offence against this Act; a Planning Act offence.
(sec.430-ssec.2) Despite subsection (1) , unless the thing is forfeited, the authorised officer must immediately return a thing seized to its owner if the authorised officer stops being satisfied— its continued retention as evidence is necessary; or its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.
- (a) at the end of 6 months; or
- (b) if a proceeding for either of the following involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding— (i) an offence against this Act; (ii) a Planning Act offence.
- (i) an offence against this Act;
- (ii) a Planning Act offence.
- (i) an offence against this Act;
- (ii) a Planning Act offence.
- (a) its continued retention as evidence is necessary; or
- (b) its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.