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Section 43

Release of seized object, etc.

of Cyber Security Act 2024

ActIn forceProvision 43 of 64
Section 43
(1)

Where any object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter has been seized under this Act, any authorized officer, may at any time, after referring to the Deputy Public Prosecutor, release the object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter to the person as he determines to be lawfully entitled to the object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter if he is satisfied that the object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter is not liable to forfeiture under this Act and is not otherwise required for the purposes of any proceedings under this Act, or for the purposes of any prosecution under any other written law, and in such event neither the authorized officer effecting the seizure, nor the Federal Government or any person acting on behalf of the Federal Government, shall be liable to any proceedings by any person if the seizure and the release of the object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter had been effected in good faith.

(2)

A record in writing shall be made by the authorized officer effecting the release of the object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter under subsection (1) specifying in detail the circumstances of and the reason for the release, and he shall send a copy of the record to the Deputy Public Prosecutor as soon as practicable.

Cyber Security 39