Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 106H

106H Receipt and information notice for seized things

(1) This section applies if an investigator seizes a place, part of a place, building, structure or other thing under this division unless—

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

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

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

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

(b) an information notice about the decision to seize the seized thing.

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

(4) The receipt and information notice may—

(a) be given in the same document; and

(b) relate to more than 1 seized thing.

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

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