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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 27 February 2020 at 07:52)
Part 5 Division 5
Division 5 Dealings with seized items
99   Return of seized things
(1)  As soon as possible after a rail safety officer seizes any thing (including a document) under this Part, the rail safety officer must return the thing to the owner unless:
(a)  the rail safety 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 a rail safety law, or
(b)  the thing is forfeited to the State under section 100, or
(c)  the rail safety 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 rail safety officer considers appropriate to eliminate or reduce any risks to safety.
(3)  If the rail safety officer imposes terms or conditions on the return of a thing, the owner must comply with each of those terms and conditions.
Maximum penalty: 100 penalty units.
100   Forfeiture of sample or thing
(1)  A sample or thing taken for analysis or a thing seized under this Part, is forfeited to the State if the rail safety officer who took, or arranged the taking of, the sample or thing or who seized the thing:
(a)  after making reasonable efforts, cannot return it to its owner, or
(b)  after making reasonable inquiries, cannot find its owner, or
(c)  considers it necessary to retain the sample or thing to prevent the commission of an offence against a rail safety law.
(2)  For the purposes of subsection (1), the officer is not required to:
(a)  make efforts if it would be unreasonable to make efforts to return the sample or thing to its owner, or
(b)  make inquiries if it would be unreasonable to make inquiries to find the owner.
(3)  Regard must be had to the sample’s or thing’s condition, nature and value in deciding whether:
(a)  it is reasonable to make efforts or inquiries, and
(b)  if efforts or inquiries are made, what efforts or inquiries, including the period over which they are made, are reasonable.
(4)  In this section:
owner, in relation to a sample or a thing taken for analysis, includes the person in charge of the thing or place from which the sample or thing was taken.
101   Dealing with forfeited sample or thing
(1)  On forfeiture of a sample or thing to the State, the sample or thing becomes the State’s property and may be dealt with by the ITSRR in any way the ITSRR considers is appropriate.
(2)  Without limiting subsection (1), the ITSRR may destroy or dispose of the sample or thing.
Division 2 of Part 17 (other than sections 218 and 221–227) of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to property in the custody of a rail safety officer under this Part in the same way as it applies to property in the custody of a police officer.