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Corrections Management Act 2007
130Forfeiture of things seized
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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.