Australian Capital Territory Consolidated Acts

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FISHERIES ACT 2000 - SECT 68

Procedure after thing seized

    (1)     As soon as practicable after a thing is seized by a conservation officer under this part, the officer must give a receipt for it to the person from whom it was seized.

    (2)     If, for any reason, it is not practicable to comply with subsection (1), the conservation officer must—

        (a)     leave the receipt at the place where the thing was seized; and

        (b)     ensure the receipt is left—

              (i)     in a reasonably secure way; and

              (ii)     in a conspicuous position.

    (3)     The conservation officer must allow a person who would be entitled to the seized thing if it were not in the officer's possession—

        (a)     to inspect it; and

        (b)     if it is a document—to take extracts from it or make copies of it.

    (4)     The conservation officer must return the seized thing to the person at the end of—

        (a)     6 months; or

        (b)     if a prosecution for an offence involving it is started within 6 months—the prosecution for the offence and any appeal from the prosecution.

    (5)     Despite subsection (4), the conservation officer must return the seized thing to the person immediately the officer stops being satisfied its retention as evidence is necessary.

    (6)     However, the conservation officer may retain the seized thing if the officer believes, on reasonable grounds, that its continued retention is necessary to prevent its use in committing an offence against this Act.

    (7)     This section does not apply to noxious fish seized under section 67 (Seizure and destruction of noxious fish).



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