New South Wales Consolidated Acts

RAIL SAFETY ACT 2008 - SECT 99

99 Return of seized things

(1) As soon as possible after a rail safety officer seizes any thing (including a document) under this Part, the rail safety officer must return the thing to the owner unless:

(a) the rail safety officer considers it necessary to retain the thing because it may afford evidence in proceedings, that have been or may be commenced, for an offence against a rail safety law, or

(b) the thing is forfeited to the State under section 100, or

(c) the rail safety officer is otherwise authorised (by law or an order of a court) to retain, destroy or dispose of the thing.

(2) The thing may be returned either unconditionally or on such terms and conditions as the rail safety officer considers appropriate to eliminate or reduce any risks to safety.

(3) If the rail safety officer imposes terms or conditions on the return of a thing, the owner must comply with each of those terms and conditions.

Maximum penalty: 100 penalty units.