Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Current version for 1 November 2014 to date (accessed 26 November 2014 at 23:41)

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.
Top of page