Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 462

462 Procedure after seizure of evidence

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

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

(3) If, for any reason, it is not practicable to comply with subsection (1) , the authorised person must—

(a) leave the receipt at the place of seizure; and

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

(4) The authorised person must allow a person who would be entitled to the seized thing if it were not in the authorised person’s possession to inspect it and, if it is a document, to take extracts from it or make copies of it.

(5) The authorised person must return the seized thing to its owner at the end of—

(a) 1 year; or

(b) if a prosecution for an offence involving it is started within the 1 year—the prosecution for the offence and any appeal from the prosecution.

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

(7) However, the authorised person may keep the seized thing if the authorised person believes, on reasonable grounds, it is necessary to continue to keep it to prevent its use in committing an offence.