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Crimes (Child Sex Offenders) Act 2005
116XForfeiture and disposal of seized things
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116X Forfeiture and disposal of seized things
(a) a police officer is required to return a thing under section 116V
or another territory law, but the officer cannot locate the person
from whom it was seized or the owner after taking reasonable
steps having regard to—
(i) the estimated value of the thing; and
(ii) whether the thing can be easily replaced; and
(iii) the period of time that police have been in possession of
the thing; and
(iv) the resources likely to be required to locate the person; and
(v) whether the thing has sentimental value to the person; and
(b) an application for disallowance of the seizure under
section 116W has not been made, or has been refused or
withdrawn before a decision in relation to the application had
been made.
(2) The seized thing—
(a) is forfeited to the Territory; and
(b) may be sold, destroyed or otherwise disposed of.
(3) However, a police officer must attempt to sell the thing before
destroying or disposing of it, unless—
(a) possession of the thing would be an offence; or
(b) it would be dangerous or unsafe for a person to possess the thing;
or
(c) selling the thing would likely require more resources than
destroying or disposing of it.
(4) The police officer may recover the costs of carrying out the sale from
the proceeds of the sale.
(5) If the seized thing is a computer, data may be removed and destroyed
before the computer is sold, destroyed or otherwise disposed of.
(6) The Minister may, in writing, authorise the chief police officer to
keep a forfeited item without selling, destroying or otherwise
disposing of it.