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35P. Sale and disposal of seized material

(1)

The Chairman may, at any time, direct that any construction material seized under this Act be sold and the proceeds of the sale be held while waiting for the result of any prosecution under this Act where—

(a)

the construction material is of a perishable nature or easily deteriorates in quality;

(b)

the custody of the construction material involves unreasonable expense and inconvenience;

(c)

there is a lack or absence of adequate or proper facilities for the storage of the construction material;

or

(d)

the construction material is believed to cause an obstruction or is hazardous to the public.

(2)

Notwithstanding subsection (1), where an analyst certifies, or if the results of tests as certified by an analyst proves, that the construction material tested by him is not in good condition, the authorized officer may keep it in custody or, if no prosecution is instituted in respect of the construction material, cause it to be disposed of in the manner determined by the Chairman.

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