Document ID: chunk:federal_register_of_legislation:C2024C00120:section:45
Version: federal_register_of_legislation:C2024C00120
Segment Type: section
Provision Reference: s 45
Character Range: 77862–79794

45  Retention, testing etc. of evidential material
 (1) This section applies to evidential material that:
 (a) is produced to the ATSB under section 32; or
 (b) is removed from premises under paragraph 36(1)(g); or
 (c) is seized by the Chief Commissioner under this Part.
 (2) The Chief Commissioner must provide a receipt for the material.
 (3) The Chief Commissioner may make copies of the material.
 (4) The Chief Commissioner may examine or test the material, even though that might result in damage or destruction of the material or a reduction in its value.
 (5) Subject to subsection (6), the Chief Commissioner must return the material when it is no longer needed for the purposes of an investigation. However, if there is no owner or the Chief Commissioner cannot, despite making reasonable efforts, locate the owner, the Chief Commissioner may dispose of the material in such manner as the Chief Commissioner thinks appropriate.
 (6) If a relevant body requests in writing particular evidential material for the purposes of:
 (a) an investigation under another law of the Commonwealth or under a law of a State or Territory; or
 (b) a coronial inquiry;
then the Chief Commissioner must make that material available to that body unless, in the opinion of the Chief Commissioner, making that material available would be likely to interfere with any investigation to which the material relates.
 (7) However, the Chief Commissioner must not make evidential material available under subsection (6) to the extent that the material is, or contains, OBR information or restricted information.
Note: Part 6 deals with the protection of OBR information and restricted information.
 (8) In this section:
owner includes an agent of the owner.
relevant body means:
 (a) another Department; or
 (b) an agency of the Commonwealth; or
 (c) a State or Territory Government; or
 (d) an agency of a State or Territory; or
 (e) a coroner.