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PUBLIC HEALTH (MEDICINAL CANNABIS) ACT 2016 - SECT 137
Receipt and information notice for seized thing
137 Receipt and information notice for seized thing
(1) This section applies if an authorised person seizes anything under this
division unless— (a) the authorised person 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 authorised person to comply with this section.
(2) The authorised person must, as soon as practicable after seizing the
thing, give 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; and
(b) an information notice about the decision to seize it.
(3)
However, if an owner or person from whom the 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 at the place at
which the 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 authorised person may delay giving the receipt and information notice
if the authorised person reasonably suspects giving them may frustrate or
otherwise hinder an investigation by the authorised person under this chapter.
(6) However, the delay may be only for so long as the authorised person
continues to have the reasonable suspicion and remains in the vicinity of the
place at which the thing was seized to keep it under observation.
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