7Direction to the Reserve Bank, Royal Australian Mint or Australian Office of Financial Management

7 Direction to the Reserve Bank, Royal Australian Mint or Australian Office of Financial Management

Further to subsection 29(7) of the Act, a person who has possession under section 6 of this instrument, or a previous application of this section, of a condemned forfeited article, is directed to do one of the following with the article: (a) if the person is satisfied that the article is required to be retained by that person for a legitimate purpose—retain the article for that purpose; (b) if the person is satisfied that the article is required for a legitimate purpose by another person occupying, or performing the duties of, a position referred to in paragraph 6(a), (b) or (c)—deliver the article to that person to be retained for that purpose; (c) if the person is satisfied that the article is required for a legitimate purpose by Australian Federal Police—deliver the article to the Commissioner of the Australian Federal Police to be retained for that purpose; (d) otherwise—destroy the article.

Note: Example: A legitimate purpose includes staff training, research, and maintaining a database of forfeited articles.

Note: This section does not prevent:

(a) an official of the Commonwealth entity of which a person occupying, or performing the duties of, a position referred to in paragraph 6(a), 6(b) or 6(c) is the accountable authority, retaining, delivering, taking possession of, or destroying the article on behalf of the person; or
(b) a person occupying, or performing the duties of, a position referred to in paragraph 6(a), 6(b) or 6(c) entering into an arrangement for condemned forfeited articles to be dealt with by certain officials on their behalf.