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The Air Navigation (Overseas Territories) Order 2007
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Powers in relation to enforcement of the Regulations
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16.—(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) Subject to paragraph (5), 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.
(4) (a) The person from whom any goods have been seized by an authorised person under this regulation may apply to the Governor for the item to be released to him.
(b)An application under this paragraph shall be made in writing and shall be accompanied by evidence of ownership by the applicant.
(c)Where the Governor is satisfied that the applicant is the owner of the item concerned and that further retention of the item is not necessary for the purposes of any criminal proceedings he shall arrange for the goods concerned to be returned to the applicant.
(5) Where further retention of goods is, in the opinion of the Governor, no longer necessary and no application has been made under paragraph (4) or any such application has been unsuccessful the goods shall be destroyed or otherwise disposed of in accordance with the directions of the Governor.
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