Commonwealth Consolidated Acts

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Retaining evidential material of goods immediately disposed of

             (1)  If goods are dealt with under section 107FJ, the CEO must ensure that, before the goods are so dealt with:

                     (a)  a sample of the goods is taken in accordance with subsection (2); and

                     (b)  a written record of the goods is made.

             (2)  An officer taking a sample of goods for the purposes of subsection (1) must, in the presence of another officer:

                     (a)  divide the sample into 3 equal parts; and

                     (b)  mark and securely seal each part; and

                     (c)  retain one part for examination by an analyst appointed under section 107GC; and

                     (d)  retain one part for further examination, if necessary; and

                     (e)  retain one part for delivery for further examination by a person nominated under subsection (4), in the event that the owner of the goods requests further examination.

             (3)  A sample taken (other than of perishable goods) or a record made under subsection (1) must be retained until the later of:

                     (a)  the end of the period of 3 years from the day the sample is taken or the record made; or

                     (b)  if proceedings are commenced in relation to those goods--the proceedings are completed.

             (4)  If an owner of goods dealt with under section 107FJ requests further examination of a sample of the goods, that further examination is to be performed by a person nominated by the owner who is, in the CEO's opinion, suitably qualified for the task.

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