Western Australian Current Acts

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RADIATION SAFETY ACT 1975 - SECT 54

54 .         Power to seize and detain

        (1)         An authorised officer may seize and detain any radioactive substance, irradiating apparatus or electronic product which or any part of which he has reasonable grounds for believing constitutes a danger to the life or health of any person.

        (2)         Any thing seized under the provisions of subsection (1) may be removed and may thereafter be held for a period of 6 months or until the final determination of any proceedings under this Act relating thereto and instituted within that period, whichever is the later.

        (3)         Any person aggrieved by the seizure or detention of any thing under the provisions of this section may within 6 months of the seizure apply to the State Administrative Tribunal for a review of the decision, and thereupon that thing may be dealt with as a substance, apparatus or product liable to be ordered to be forfeited to Her Majesty.

        (4)         Where any thing is detained under the provisions of this section for a period of 6 months following the date of the seizure, and without any proceedings or application for review in respect of it having been instituted within that period, it is without further or other authority forfeit to Her Majesty.

        [Section 54 amended: No. 55 of 2004 s. 995.]



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