DENTISTS ACT
CHAPTER 94

Section 40

1. For the purposes of subsection (2), the person who makes a seizure under section 39 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.
2. On receiving a report under subsection (1), a judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

3. An inspector may make or cause to be made one or more copies of any record detained under subsection (2).
4. A document purporting to be certified by a representative of the council to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.
5. Subject to an order under section 39 (4) (b), the person from whom any thing is seized under this section or the owner of the thing, if a different person, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the council.
6. A record must not be detained under this section for a period longer than 3 months from the time of its seizure unless, before the end of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

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