Division 1 Confiscated knives and other dangerous articles and implements

211   Application of Division

(cf Summary Offences Act 1988, s 28B)

(1)  This Division applies to the following:

(a)  a dangerous article seized under this Act,

(b)  a dangerous implement seized or confiscated under this Act.

(2)  If provision is made by or under any other Act for the seizure or confiscation of a dangerous article or a dangerous implement to which this Division applies, the article or implement is to be dealt with as so provided and the provisions of this Division do not apply to the confiscation.

212   Application for return of seized dangerous articles or confiscated dangerous implements

(cf Summary Offences Act 1988, s 28C)

(1)  The person from whom a dangerous article or dangerous implement is seized or confiscated or its owner may, within 28 days after it is seized or confiscated, apply to the Local Area Commander of Police in the area in which it was seized or confiscated for its return.

(2)  An application for the return of the article or implement must be in writing and state why the article or implement should in all the circumstances be returned.

(3)  If the person seeking the return of the article or implement is under the age of 18 years, the application for its return may be made only by a parent or guardian of the person, or a person who has lawful care or custody of the person, on his or her behalf.

(4)  The Local Area Commander is not required to return an article or implement if:

(a)  proceedings have been commenced against the person in respect of the article or implement and the proceedings have not been withdrawn or finally determined by the person’s having been found not guilty of the offence, or

(b)  the person making the application, or on whose behalf an application is made, is the subject of a firearms prohibition order under the Firearms Act 1996, or

(c)  possession of the article or implement would otherwise constitute an offence.

213   Appeals to Local Court against refusals to return seized or confiscated dangerous articles or dangerous implements

(cf Summary Offences Act 1988, s 28D)

(1)  If the Local Area Commander of Police fails or refuses to return a seized or confiscated dangerous article or dangerous implement at the expiration of 28 days after it is seized or confiscated to a person who has made an application for its return under this Division, the person may appeal against the failure or refusal to the Local Court within a further 28 days.

(2)  On hearing such an appeal, the Local Court may order that the article or implement:

(a)  be forfeited to the Crown, or

(b)  be returned to the applicant or some other appropriate person.

(3)  The Local Court may not order that the article or implement be returned to the person if proceedings have been commenced against a person in respect of the article or implement and the proceedings have not been withdrawn or finally determined by the person’s having been found not guilty of the offence.

214   Forfeiture of seized dangerous articles and confiscated dangerous implements

(cf Summary Offences Act 1988, s 28E)

(1)  A seized dangerous article or confiscated dangerous implement is forfeited to the Crown:

(a)  if an application for the return of the article or implement is not made within 28 days after it is seized or confiscated—at the expiration of that period, or

(b)  in a case where such an application is made within that period and the article or implement is not returned within that period:

(i)  if an appeal under this Division is not made within the period permitted by this Division—at the expiration of that period, or

(ii)  if an appeal under this Division is made within the period permitted by this Division—when an order made by the Local Court that the article or implement be forfeited to the Crown takes effect.

(2)  The Local Area Commander of Police (or such other person as the Commissioner may direct) may dispose of an article or implement forfeited to the Crown under this section in accordance with the directions of the Commissioner.

(3)  In this section, a reference to the disposal of an article or implement includes a reference to its destruction.

(4)  The proceeds of any sale of an article or implement disposed of under this section are to be paid to the Treasurer for payment into the Consolidated Fund.