130Forfeiture of things seized

130 Forfeiture of things seized (1) A thing seized under section 127 or section 128 is forfeited to the Territory if the director-general decides, on reasonable grounds— (a) that— (i) after making reasonable inquiries (given the thing’s apparent value), the owner of the thing cannot be found; or (ii) after making reasonable efforts (given the thing’s apparent value), the thing cannot be returned to the owner; or (b) that— (i) possession of the thing by a detainee is an offence or disciplinary breach; or (ii) it is necessary to keep the thing to stop it being used for the commission of an offence or disciplinary breach; or (iii) the thing is inherently unsafe.

Seizing property Part 9.5 (2) The director-general may deal with a thing forfeited to the Territory under this section, or dispose of it, as the director-general considers, on reasonable grounds, to be appropriate. (3) However, subsection (2) is subject to any order under the Crimes Act 1900, section 249 (Seizure of forfeited articles). Examples—s (2) 1 giving a forfeited weapon to a police officer 2 keeping a forfeited electrical appliance and using it for the benefit of detainees generally 3 dumping a forfeited thing of little value Note 1 The Crimes Act 1900 also provides for articles forfeited under any law in force in the ACT to be seized by a member of the police force, taken before the Magistrates Court and for the court to order disposal of the article by the public trustee and guardian (see that Act, s 249 and s 250). Note 2 The Uncollected Goods Act 1996 provides generally for the disposal of uncollected goods, including goods abandoned on premises controlled by the Territory.