Northern Territory Consolidated Acts

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PRIVATE SECURITY ACT - SECT 40

Procedure after thing seized

40. Procedure after thing seized

(1) As soon as practicable after a thing is seized by an inspector under section 39, the inspector shall give a receipt for it to the person from whom it was seized.

(2) The inspector shall allow a person who would be entitled to the seized thing if it were not in the inspector's possession -

(a) to inspect it; or

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

(3) The inspector shall 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 commenced within 6 months - the proceeding for the offence and any appeal from the proceeding.

(4) Notwithstanding subsection (3), the inspector shall return the seized thing to the person if the inspector is satisfied that -

(a) its retention as evidence is no longer necessary; and

(b) its return is not likely to result in its use in repeating the offence.



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