Northern Territory Numbered Acts

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CORRECTIONAL SERVICES ACT 2014 (NO 26 OF 2014) - SECT 153

Confiscation of protected/legal items

    (1)     This section applies if a correctional officer conducting a search under this Act finds a thing that purports to be a protected/legal item.

    (2)     The correctional officer:

    (a)     must not open or inspect the thing; and

    (b)     may confiscate the thing only if the correctional officer reasonably believes that:

        (i)     it is not a thing that has been, is being, or is intended to be, given:

(A)     by a prisoner to a protected correspondent or the prisoner's legal practitioner; or

(B)     to a prisoner by a protected correspondent or the prisoner's legal practitioner; or

        (ii)     it is, or contains a thing that is, a prohibited thing.

    (3)     If a correctional officer confiscates a thing that purports to be a protected/legal item, the correctional officer must, as soon as practicable, give it to:

    (a)     if it purports to be a protected item – a nominated examiner; or

    (b)     if it purports to be a legal item – the General Manager.

    (4)     As soon as practicable after being given a confiscated thing under subsection (3)(b), the General Manager must give it to a nominated examiner.



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