23Seizure

### 23 Seizure > > (1)  [*\[Section 23 Subsection (1) amended by No. 52 of 2016, s. 13, Applied:01 Dec 2017\]*](/view/html/inforce/2017-12-01/act-2016-052#GS13@Hpa@EN) In carrying out a formal search pursuant to [section 20](#GS20@EN) or a search or examination, or search and examination, pursuant to an order of the Director given under [section 22(1)](#GS22@Gs1@EN) or [(1A)](#GS22@Gs1A@EN) , a correctional officer may seize any one or more of the following: > > > > > > (a) any thing found in the prison, whether in a person's possession or not, which the correctional officer believes on reasonable grounds jeopardises or is likely to jeopardise the security or good order of the prison or the safety of persons in the prison; > > > > > > > (b) any thing found on the prisoner or detainee or in a prisoner's or detainee's possession, other than a thing which the prisoner is authorised to wear or to possess under [section 29](#GS29@EN) , the regulations or a direction of the Director; > > > > > > > (c) any thing which a prisoner or detainee is authorised to wear or to possess under [section 29](#GS29@EN) , the regulations or a direction of the Director which the correctional officer believes on reasonable grounds jeopardises or is likely to jeopardise the security of the prison or the safety of persons in the prison. > > > (1A)  [*\[Section 23 Subsection (1A) inserted by No. 52 of 2016, s. 13, Applied:01 Dec 2017\]*](/view/html/inforce/2017-12-01/act-2016-052#GS13@Hpb@EN) In carrying out a search or examination, or search and examination, pursuant to an order of the Director given under [section 22(1)](#GS22@Gs1@EN) , a State Service corrections employee may seize any thing found in the course of the search or examination or search and examination which the State Service corrections employee believes on reasonable grounds jeopardises or is likely to jeopardise the security or good order of the prison or the safety of persons in the prison. > > > (2)  [*\[Section 23 Subsection (2) substituted by No. 52 of 2016, s. 13, Applied:01 Dec 2017\]*](/view/html/inforce/2017-12-01/act-2016-052#GS13@Hpc@EN) A correctional officer or State Service corrections employee who seizes any thing pursuant to [subsection (1)](#GS23@Gs1@EN) or [(1A)](#GS23@Gs1A@EN) is to immediately inform the Director. > > > (3)  [*\[Section 23 Subsection (3) amended by No. 52 of 2016, s. 13, Applied:01 Dec 2017\]*](/view/html/inforce/2017-12-01/act-2016-052#GS13@Hpd@EN) The Director is to deal, in accordance with the regulations, with any thing which is not a drug of dependence and is seized pursuant to this section.