12Power to confiscate restricted items and other things

#### 12 Power to confiscate restricted items and other things 12 Power to confiscate restricted items and other things > > (1) Power to take into possession and confiscate certain things A security officer may in any court premises— > > > > > (a) take possession of any thing that the security officer has reasonable grounds to believe is— > > > > > > > (i) a restricted item, or > > > > > > > (ii) an offensive implement, or > > > > > > > (iii) a recording device or other device that has been used in contravention of section 9 or 9A, or > > > > > > > (iv) any film, tape or other recording medium in a recording device or other device used in contravention of section 9 or 9A, and > > > > > (b) confiscate the thing. > > > (2) Confiscated thing to be returned or handed to police A security officer who confiscates a thing under this section (the confiscated thing) must— > > > > > (a) if the officer is satisfied after examining the thing that its retention as evidence is not required and that it is lawful for the person to have possession of the thing—return the thing to the person from whom it was confiscated, or > > > > > (b) if the officer is not so satisfied—give the thing (or cause the thing to be given) to the Police Area Commander or Police District Commander for the area or district in which the court premises are located as soon as is reasonably practicable after its confiscation. > > > (3) The Police Area Commander or Police District Commander to whom a confiscated thing is given must return the thing to the person from whom it was confiscated or to its owner if satisfied after examining the thing that its retention as evidence is not required and that it is lawful for the person to have possession of the thing. > > > (4) Applications for return of confiscated things The person from whom a thing is confiscated under this section or its owner may, within the period of 28 days after it is confiscated (the initial confiscation period), apply to the Police Area Commander or Police District Commander for its return. > > > (5) An application for the return of the confiscated thing must be in writing and state why the thing should in all the circumstances be returned. > > > (6) If the person seeking the return of the confiscated thing is under the age of 18 years, the application for its return may be made only by a parent or guardian of the person, or a person who has lawful care or custody of the person, on his or her behalf. > > > (7) Appeals to Local Court against refusals to return confiscated things If the Police Area Commander or Police District Commander fails or refuses to return a confiscated thing at the expiration of the initial confiscation period to a person who has made an application for its return under this section, the person may appeal against the failure or refusal to the Local Court within 28 days of the expiration of the initial confiscation period. > > > (8) On hearing such an appeal, the Local Court may order that the confiscated thing— > > > > > (a) be forfeited to the Crown, or > > > > > (b) be returned to the applicant or some other appropriate person. > > > (9) Without limiting subsection (8), the Local Court may, if the confiscated thing is a recording device, limit any order for forfeiture to the film, tape or other recording medium used in the device. > > > (10) Forfeiture of confiscated things A confiscated thing is forfeited to the Crown— > > > > > (a) if an application for the return of the thing is not made within the initial confiscation period—at the expiration of that period, or > > > > > (b) in a case where such an application is made within the initial confiscation period and the thing is not returned within that period— > > > > > > > (i) if an appeal under this section is not made within 28 days after the expiration of the initial confiscation period—at the expiration of that period, or > > > > > > > (ii) if an appeal under this section is made within 28 days after the expiration of the initial confiscation period—when an order made under subsection (8) (a) in respect of the thing takes effect. > > > (11) The Police Area Commander or Police District Commander (or such other person as the Commissioner of Police may direct) may destroy or otherwise dispose of a confiscated thing forfeited to the Crown under this section in accordance with the directions of the Commissioner of Police. > > > (12) Confiscated thing may be destroyed In this section, a reference to the disposal of a thing includes a reference to its destruction. > > **s 12:** Am 2007 No 94, Sch 2; 2013 No 1, Sch 1.8 \[2\] \[3\]; 2018 No 29, Sch 2.2 \[1\] \[2\].