S.L. 499.35 Art. 47Power to seize and detain items.

(1) If a person authorised to screen or search detects an item and has reasonable grounds to believe that such item may not lawfully be taken on board a ship or into a port security area, that person may seize such item for the purpose of determining whether the item may lawfully be taken on board a ship or into a port security area.

(2) If an item is seized under subregulation (1), such person shall -

(a) make an inventory of the item; and

(b) make available to the owner or the person from whom the item was seized a copy of the inventory.

(3) If it is determined that the item may lawfully be taken on board a ship or into a port security area, as far as practicable, the item shall be returned to the person from whom the item was seized.

(4) If it is determined that the item may not lawfully be taken on board a ship or into a port security area, the person from whom the item was seized shall arrange for the item to be -

(a) taken off the ship; or

(b) taken out of the port security area; or

(c) taken off the ship and taken out of the port security area.

(5) Notwithstanding subregulation (4) -

(a) if there are reasonable grounds to believe that the seized item poses and imminent risk to safety, the authorised person shall -

(i) destroy or otherwise dispose of the item; or

(ii) deliver the item to the police;

(b) if the authorised person has reasonable grounds to believe that the seized item may not be lawfully possessed, the authorised person shall deliver the item to the police.