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Confiscation of Criminal Assets Act 2003
227Keeping seized things under search warrants
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227 Keeping seized things under search warrants
(1) This section applies to a police officer in relation to a thing seized
under this part if—
(a) the reason for the thing’s seizure no longer exists or it is decided
that the thing is not to be used in evidence; or
(b) if the thing was seized under section 224 (Searches of vehicles
without search warrant in emergency situations)—the period of
60 days after the day of the thing’s seizure ends.
(2) The police officer must take reasonable steps to return the thing to the
person from whom it was seized or to the owner if that person is not
entitled to possess it.
(3) However, the police officer does not have to take those steps if—
(a) if subsection (1) (b) applies—
(i) a proceeding in relation to which the thing might provide
evidence has been begun before the end of the 60-day
period and has not been finalised (including an appeal to a
court in relation to the proceeding); or
(ii) an order is in force under section 228 (Keeping things for
further period); or
(b) if subsection (1) (a) or (b) applies—the police officer is
otherwise authorised (by a law, or an order of a court, of the
Territory, the Commonwealth, a State or another Territory) to
keep, destroy or dispose of the thing; or
(c) the thing is forfeited or forfeitable to the Territory, the
Commonwealth or a State or is the subject of a dispute about
ownership.