18Dealing with seized things

#### 18 Dealing with seized things 18 Dealing with seized things > > (1) The Commission may retain a thing seized under a search warrant if, and for so long as, retention of the thing is considered by the Commission to be reasonably necessary for the purposes of an investigation to which the thing is relevant. > > > (2) If the thing may be used for the purposes of evidence in proceedings— > > > > > (a) for the taking, by or on behalf of the Crown in right of the State, of civil remedies in respect of a matter connected with, or arising out of, an offence to which a relevant criminal activity, serious crime concern or criminal activity of a criminal group relates—the Commission must deliver it to the authority or person responsible for taking the proceedings, or > > > > > (b) in the prosecution of a person for an indictable offence against the law of the Commonwealth or another State or Territory—the Commission may deliver it to the Attorney General or to the appropriate authority in that jurisdiction, or > > > > > (c) in the prosecution of a person for a relevant offence–the Commission may deliver it to the Director of Public Prosecutions. > > > (3) Except as provided by subsection (4), the Commission must return the thing to the owner or person who had lawful possession of the thing before it was seized if the Commission is satisfied that— > > > > > (a) its retention for the purposes referred to in subsection (1) or (2) is not required, and > > > > > (b) it is lawful for the person to have possession of the thing. > > > (4) If it appears to the Commission— > > > > > (a) that there is no person who is entitled to possession of any thing referred to in subsection (3), or > > > > > (b) that there is such a person, but the person does not wish to have possession of any such thing, > > > > the Commission may apply to the Local Court for directions as to its disposal and dispose of it in accordance with the directions given by the Local Court in response to the application. > > **s 18:** Am 2013 No 74, Sch 3 \[5\].