Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 - SECT 170

170 Procedure after thing seized

(1) As soon as practicable after a thing (including a ship or vehicle) is seized by a shipping inspector under this part, the inspector must give a receipt for it to the person from whom it was seized.

(2) If, for any reason, it is not practicable to comply with subsection (1) , the inspector must—

(a) leave the receipt at the place where the thing was seized; and

(b) ensure the receipt is left in a reasonably secure way in a conspicuous position.

(3) The inspector must allow a person who would be entitled to the seized thing if it were not in the inspector’s possession—

(a) to inspect it; or

(b) if it is a document—to take extracts from it or make copies of it.

(4) The inspector must return the 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.

(5) Despite subsection (4) , the inspector must return the seized thing to the person immediately after the inspector stops being satisfied its retention as evidence is necessary.

(6) However, the inspector may keep the seized thing as mentioned in subsection (4) if the inspector believes, on reasonable grounds, that its continued retention is necessary to prevent its use in committing an offence against this Act.