Northern Territory Numbered Acts

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WEEDS MANAGEMENT LEGISLATION AMENDMENT ACT 2022 (NO 7 OF 2022) - SECT 28C

Duty of officer in relation to seized thing

    (1)     As soon as practicable but within 5 days after an officer seizes a thing under section 28(1)(m), the officer must give a receipt for the seized thing to the person from whom it was seized.

    (2)     The receipt must describe generally each thing seized and its condition.

    (3)     If for any reason it is not practicable to comply with subsection (1), the officer must:

    (a)     leave the receipt at the place of seizure; and

    (b)     ensure the receipt is left in a reasonably secure way and in a conspicuous position.

    (4)     The officer must allow a person who would be entitled to the seized thing if it were not in the officer's possession to inspect it and, if it is a document, to take extracts from it or make copies of it.

    (5)     The officer must return the seized thing to its owner at the end of the later of:

    (a)     2 years; or

    (b)     if a prosecution for an offence involving the seized thing is started within the 2 years – 12 months after the end of the prosecution for the offence and any appeal from the prosecution.

    (6)     Despite subsection (5), the officer must return the seized thing to its owner if its retention as evidence is no longer necessary.

    (7)     Despite subsections (5) and (6), the officer may keep the seized thing if the officer believes on reasonable grounds that it is necessary to continue to keep it to prevent its use in committing an offence.

    (8)     An officer must give written notice to the owner of a seized thing as soon as practicable if the officer decides under subsection (7) to keep the thing.



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