Part 4General provisions in relation to search, surveillance, and inspection powers
Procedures applying to seized or produced materials: Rights of owners and others in relation to things seized or produced
157Failure to comply with bond or conditions
If a person to whom a seized or produced thing is released or who is given access to it under section 156 fails to comply with any bond, surety, or condition imposed under subsection (5)(b) of that section,—
- the thing may be seized again, or required to be produced, or the ability to access the thing ended at the direction of the person who released it or provided access to it; and
- the person who released it or provided access to it may apply to the District Court for an order for estreat of the bond.
If any person applies for an order for estreat of the bond, the Registrar of the District Court must—
- fix a time and place for the hearing of the application; and
- not less than 7 days before the time fixed, cause to be served on every person bound by the bond a notice of the time and place for the hearing.
If the District Court is satisfied that a condition of the bond has not been complied with, the court may make an order to estreat the bond—
- in the amount that it thinks fit; and
- to any person bound by the bond on whom notice is proved to have been served under subsection (2).
An amount payable under subsection (3) is recoverable as if it were a fine.