New South Wales Consolidated Acts
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PREVENTION OF CRUELTY TO ANIMALS ACT 1979 - SECT 24K
Power of seizure of evidence of offences
24K Power of seizure of evidence of offences
(1) An inspector who is
lawfully on any land investigating a suspected commission of an offence
against this Act or the regulations may seize any thing that will afford
evidence of the commission of the offence.
(2) An inspector who seizes a
thing under this section must provide the occupier of the land with a receipt
acknowledging the seizure of the thing if the occupier is present and it is
reasonably practical to do so.
(3) If an inspector seizes a thing under this
section, it may be retained by the inspector until the completion of any
proceedings (including proceedings on appeal) in which it may be tendered in
evidence.
(4) However, an inspector may retain seized documents under
subsection (3) only if the person from whom the documents were seized is
provided, within a reasonable time after the seizure, with a copy of the
documents certified by an inspector to be a true copy.
(5) Subsection (3)
ceases to have effect in relation to any thing seized if, on the application
of the person aggrieved by the seizure, the court in which the proceedings
referred to in that subsection are instituted orders the inspector to return
the thing seized.
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