28Return of property etc

#### 28 Return of property etc (1) A person who ceases to be a Deputy Commissioner, an AFP employee, a special member or a special protective service officer must, as soon as it is reasonably practicable to do so, return to the Commissioner all property (including accoutrements and clothing), other than prescribed property, that has been supplied to the person for the purposes of his or her service in the AFP or that is in his or her custody because of that service. Penalty: 5 penalty units. (2) The Commissioner may make application to a Magistrate for a warrant authorizing the Commissioner to enter and search premises or a place for the purpose of ascertaining whether property referred to in subregulation (1) in relation to a person, being property that the person has failed to return to the Commissioner in accordance with that subregulation, is to be found on those premises or that place. (3) If, on an application under subregulation (2), a Magistrate is satisfied by information on oath or affirmation that there are reasonable grounds for believing that: (a) such property as is referred to in the information is to be found in the premises or place; and (b) the issue of a warrant is reasonably required for the recovery of that property; the Magistrate may grant a warrant authorizing the Commissioner, with such assistance as he or she thinks appropriate and if necessary by force, to enter and search the premises or place during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, for the purpose referred to in subregulation (2) and to seize any such property that he or she may find in the premises or place. (4) In this regulation: > prescribed property, in relation to a person to whom subregulation (1) applies, means property that the Commissioner has, by a determination in writing in force at the time the subregulation applies to the person, determined is not required to be returned to the Commissioner by: (a) the person; or (b) a class of persons that includes the person; or (c) all persons to whom subregulation (1) applies.