New South Wales Consolidated Acts
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RADIATION CONTROL ACT 1990 - SECT 27
Retention and disposal of seized property
27 Retention and disposal of seized property
(1) A substance or thing seized by an authorised officer under this Act may be
retained for 6 months (or a longer period approved under subsection (3)) but
then must be returned to the person from whom it was seized unless: (a) it has
been forfeited to the Crown under section 26, or
(b) the Authority gives
notice in the prescribed manner before that period expires to the effect that
application will be made under section 26 on a specified day for forfeiture to
the Crown of the substance or thing.
(2) Unless the substance or thing is
forfeited to the Crown as a result of the making of that application, the
Authority is to return it to the person from whom it was seized or to the
person who appears to the Authority to be entitled to possession of it.
(3)
The Local Court or the Supreme Court may on the application of the Authority
approve the retention of a seized substance or thing for a specified period
longer than 6 months.
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