Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 86

86 Procedure after seizure of evidence

(1) This section does not apply to a ship detained under section 84 .

(2) As soon as practicable after a thing is seized by an authorised officer under this part, the officer must give a receipt for it to the person from whom it was seized.

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

(4) If, for any reason, it is not practicable to comply with subsection (2) , the officer must leave the receipt at the place of seizure in a reasonably secure way and in a conspicuous position.

(5) Subsection (2) does not apply if—

(a) the thing is unattended when seized; and

(b) the thing’s owner is unknown; and

(c) the owner cannot be found after reasonable inquiries (given the thing’s value) have been made.

(6) Until a seized thing is returned or otherwise finally dealt with, an authorised officer must allow a person who would be entitled to a seized thing if it were not in the officer’s possession—

(a) to inspect it; and

(b) if it is a document—to make copies of it.

(7) The officer must return a seized thing to the person at the end of—

(a) 6 months; or

(b) if a prosecution for an offence involving it is started within 6 months—the prosecution for the offence and any appeal from the prosecution.

(8) Despite subsection (7) , the officer must return the seized thing to the person immediately the officer stops being satisfied its retention as evidence is necessary.

(9) However, the officer need not return the seized thing if the officer believes, on reasonable grounds, it is necessary to retain it to prevent its use in committing an offence.