DANGEROUS GOODS ACT 1985 - SECT 16A Return of seized things

DANGEROUS GOODS ACT 1985 - SECT 16A

    (1)     As soon as possible after an inspector seizes any thing (including a document) under this Part, the Authority must return the thing to the owner unless—

        (a)     the Authority considers it necessary to retain the thing because it may afford evidence in proceedings, that have been or that may be commenced, for an offence against this Act; or

        (b)     the thing is forfeited to the Authority under this Act; or

S. 16A(1)(ba) inserted by No. 36/2021 s. 33(1).

        (ba)     the thing is a copy made under section 19C of a document or part of a document; or

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

    (2)     The thing may be returned either unconditionally or on any terms and conditions that the Authority considers appropriate to eliminate or reduce any risks to the safety of any person or of damage to property arising from, or in relation to, the thing.

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

Penalty:     60 penalty units for a natural person;

300 penalty units for a body corporate.

S. 16A(4) inserted by No. 36/2021 s. 33(2).

    (4)     To avoid doubt, the Authority may destroy or dispose of a thing without giving notice to any person of the destruction or disposal if—

        (a)     the thing is forfeited to the Authority under section 16B; or

        (b)     the thing is a copy made under section 19C of a document or part

of a document; or

        (c)     the Authority is otherwise authorised (by a law or court order) to destroy or dispose of the thing without giving notice to any person.

S. 16B inserted by No. 31/2005 s. 9.