South Australian Repealed Acts

This legislation has been repealed.

RAIL SAFETY ACT 2007 - SECT 92

92—Return of seized things

        (1)         As soon as possible after an authorised officer seizes any thing (including a document) under this Part, the authorised officer must return the thing to the owner unless—

            (a)         the authorised officer considers it necessary to retain the thing because it may afford evidence in proceedings, that have been or may be commenced, for an offence against this Act or the regulations; or

            (b)         the thing is forfeited to the Crown under this Act; or

            (c)         the authorised officer is otherwise authorised (by law or an order of a court) to retain, destroy or dispose of the thing.

        (2)         The thing may be returned either unconditionally or on such terms and conditions as the authorised officer considers appropriate to eliminate or reduce any risks to safety.

        (3)         If the authorised officer imposes terms or conditions on the return of a thing, the owner must comply with each of those terms and conditions.

Maximum penalty: $10 000.