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Paragraph 9 Powers in relation to enforcement of the Regulations

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An authorised person may examine, take samples of and seize any goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.

(2)

An authorised person may open or require to be opened any baggage or package which the authorised person has reasonable grounds to suspect may contain dangerous goods in respect of which the provisions of these Regulations have not been complied with.

(3)
(a)

Any sample taken or goods seized by an authorised person under this regulation shall be retained or detained respectively for so long as the Governor considers necessary in all the circumstances and shall be disposed of in such manner as the Governor considers appropriate in all the circumstances.

(b)

Without prejudice to the generality of sub-paragraph (a) any sample taken or goods seized under this regulation may be retained or detained respectively:

(i)

for use as evidence at a trial for an offence; or

(ii)

for forensic examination or for investigation in connection with an offence.