Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 209

209 Receipt and decision notice for seized thing

(1) This section applies if an inspector seizes anything under this division unless—

(a) the inspector reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or

(b) because of the condition, nature and value of the thing it would be unreasonable to require the inspector to comply with this section.

(2) The inspector must, as soon as practicable after seizing the thing, give the following to an owner or person in control of the thing before it was seized—

(a) a receipt for the thing that generally describes the thing and its condition;

(b) a decision notice about the decision to seize the thing.

(3) However, if an owner or person from whom the thing is seized is not present when the thing is seized, the receipt and decision notice may be given by leaving them in a conspicuous position, and in a reasonably secure way, at the place at which the thing is seized.

(4) The receipt and decision notice may—

(a) be given in the same document; and

(b) relate to more than 1 seized thing.

(5) The inspector may delay giving the receipt and decision notice if the inspector reasonably suspects giving them may frustrate or otherwise hinder an investigation by the inspector under this Act.

(6) However, the delay may be only for as long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep the thing under observation.