VICIn ForceAct
Children, Youth and Families Act 2005
488GCertain seized items to be handed to police
Start here
Get a plain-English read of 488G
Turn the raw legal text into a practical explanation grounded in Children, Youth and Families Act 2005.
488G Certain seized items to be handed to police
S. 488G(1) amended by No. 37/2014 s. 10(Sch. item 18.14).
(1) If any of the following articles or things is seized, it must be handed to a police officer—
(a) a weapon;
(b) an explosive substance;
(c) a drug of dependence;
(d) any other article or thing which the person conducting the search suspects—
(i) is stolen; or
(ii) has been used in, or obtained as the result of, the commission of an offence.
(2) In this section, ***drug of dependence*** has the same meaning as it has in the **Drugs, Poisons and Controlled Substances Act 1981**.
S. 488GA inserted by No. 54/2011 s. 8.
488GA Manner of dealing with seized things that may be used in a legal proceeding
Subject to section 488G, if an article or thing that may be used in a legal proceeding is seized at a youth justice facility, the officer in charge must ensure that—
(a) the article or thing is held securely until the end of that proceeding; and
(b) if the person from whom the article or thing was seized is not the owner of the article or thing—
(i) the person from whom it was seized is informed whether or not it will be returned to the owner; and
(c) if the person from whom the article or thing was seized is the owner of the article or thing, the person is informed whether or not it will be returned; and
(d) the article or thing is otherwise dealt with in accordance with section 488GC.
S. 488GB inserted by No. 54/2011 s. 8.
488GB Manner of dealing with seized money
If money is seized at a youth justice facility and that money is not suspected of being stolen or used in, or obtained as the result of, the commission of an offence, the money must be returned to the person from whom it was seized when the person is released from the youth justice facility or the person leaves the youth justice facility.
See section 488AD(3)(a)(iv).
S. 488GC inserted by No. 54/2011 s. 8.
488GC Manner of dealing with other seized articles or things
Subject to sections 488G, 488GA and 488GB, if an article or thing is seized at a youth justice facility, the officer in charge must ensure that—
(a) if the person from whom the article or thing was seized is not the owner of the article or thing—
(i) the person from whom it is seized is informed whether or not it will be returned to the owner; and
(b) if the person from whom the article or thing was seized is the owner of the article or thing, the person is informed whether or not it will be returned; and
(c) the article is dealt with in any manner that is appropriate having regard to the nature of the article, including—
(i) disposing of the article or thing in accordance with section 488GD;
(ii) returning the article or thing;
(iii) dismantling the article or thing.
S. 488GD inserted by No. 54/2011 s. 8.
488GD Disposal
(1) The officer in charge must ensure that at least 2 officers carry out the disposal of an article or thing that has been seized at a youth justice facility.
(2) If an article or thing is disposed of, the officer in charge must ensure that the prescribed details are recorded in the seizure register.
Ch. 5 Pt 5.8 Div. 4 (Heading and ss 488H–488N) inserted by No. 48/2006 s. 24.
Division 4—Change of name applications by detainees
S. 488H inserted by No. 48/2006 s. 24.