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CONFISCATION ACT 1997 - SECT 97I Report on execution of warrant etc.

CONFISCATION ACT 1997 - SECT 97I

Report on execution of warrant etc.

    (1)     The person to whom a search and inspection warrant is issued must give a report to the registrar of the Magistrates' Court

        (a)     stating whether or not the warrant was executed; and

        (b)     if the warrant was executed, setting out briefly the result of the execution of the warrant (including a brief description of the property inspected); and

        (c)     if the warrant was not executed, setting out briefly the reasons why the warrant was not executed; and

        (d)     stating whether or not a copy of the warrant was given to the occupier or another person at the premises; and

        (e)     stating whether or not a copy of any inventory made of the property inspected and a notice as required by section 97J were given to any person who has an interest in the property inspected.

    (2)     A report must be—

        (a)     in the prescribed form; and

        (b)     made within 10 days after the expiry of the warrant.

    (3)     A person may apply to the Magistrates' Court for an order authorising the person to inspect the report given under subsection (1) if the person satisfies the Court that the person is—

        (a)     the owner or occupier of premises upon which the warrant was executed; or

        (b)     a person who has an interest in property inspected in the execution of the warrant.

S. 97J inserted by No. 63/2003 s. 27.