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Section 223

Release of books, documents, etc., seized

of Land Public Transport Act 2010

ActIn forceProvision 206 of 244
Section 223
(1)

Without prejudice to section 80, if any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter has been seized under this Act, the land public transport officer or road transport officer who effected the seizure may, after referring to the Public

Land Public Transport 181

Prosecutor, release the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter to the person as he determines to be lawfully entitled to it, if the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter is not liable to forfeiture under this

Act, and is not otherwise required for the purpose of any proceedings under this Act or for the purpose of any prosecution under any other written law, and in such event neither the land public transport officer or road transport officer effecting the seizure, nor the Federal

Government, Director General of Land Public Transport or any person acting on behalf of the Federal Government or Director General of

Land Public Transport shall be liable to any proceedings by any person if the seizure and the release of the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter had been effected in good faith.

(2)

A record in writing shall be made by the land public transport officer or road transport officer effecting the release of the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument 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 Public Prosecutor within seven days of the release.