Criminal and Found Property Disposal Act 2006

The Act organises property encountered by prescribed agencies under a small set of defined concepts and legal categories that determine procedural routes and outcomes.

• Chief officer and prescribed agency. The chief officer of a prescribed agency is the legal actor who is deemed in possession of agency property and who has the statutory functions and discretions under the Act (s 3 definition; s 5). Prescribed agencies include the Police Force, the department principally assisting administration of the Police Act 1892, and any other government agency prescribed or declared by another Act to be a prescribed agency (s 3).
• Seized property. Property seized in the course of a criminal investigation is treated under Part 3, with explicit exceptions for samples taken under the Criminal Investigation Act 2006 and items used to obtain identifying particulars under the Criminal Investigation (Identifying People) Act 2002 (s 3). The Act defines broadly what it means to "deal with" seized property, covering sale, transfer, mortgage, movement, use and destruction (s 7).
• Found property and held property. Found property is any property found other than seized property. Held property is property in possession of the chief officer that is neither seized nor forfeited (s 3). Found property may become held property and be disposed of under Part 5 where no other law authorises seizure or retention (s 16).
• Wholly and partly prohibited property, and unregulated property. The Act distinguishes wholly prohibited property (possession totally prohibited by a written law), partly prohibited property (possession prohibited except in prescribed circumstances) and unregulated property (neither wholly nor partly prohibited) (s 3). These categories change the disposal options available to the chief officer (ss 18-20, 29).
• Forfeited property. Property forfeited to the State under any written law remains subject to other Acts, but the Act sets how a chief officer must dispose of forfeited property in possession of a prescribed agency (Part 7, s 29). Disposal must generally await expiration of appeal periods (s 28).
• Entitlement and evidence standard. A "person entitled to property" is the owner, someone authorised by the owner, or someone otherwise legally entitled to possession (s 3). The chief officer may admit a claim on the balance of probabilities and is required to take "reasonable measures" to ascertain identity and whereabouts before disposal (ss 21, 22). Knowing whereabouts is satisfied by a postal address (s 21(2)).
• Court oversight and remedies. The appropriate court for property disputes is allocated by value: Magistrates Court, District Court or Supreme Court (s 3). Courts may make orders to release seized property, permit dealing with it, impose conditions, require security, order forfeiture, direct disposal, or give other directions in disputes over entitlement (ss 11-13, 27, 30).
• Money flows and accounts. The Act prescribes that money forfeited to the State be credited to the Consolidated Account (s 29(1)), and directs certain net sale proceeds to be dealt with under the Unclaimed Money Act 1990 where prescribed (s 18(1)(b)(i),(ii), s 29).
• Protections and transfer of title. If property is released or sold in good faith under the Act, the recipient obtains good title against all others including the true owner (s 34). Officials acting in good faith in the performance or purported performance of their functions are protected from tort liability (s 35).

These concepts are the levers by which the Act channels custody, evidence preservation needs, claim processes and public interest considerations into a set of legally enforceable actions and money flows. The statutory taxonomy (seized/held/forfeited/partly/wholly/unregulated) maps directly to discrete decision branches for disposal, legal proceedings and financial treatment throughout Parts 3 to 7.

The Act assigns rights, duties and exposures to a defined set of actors. Identifying who pays, who decides and who changes behaviour is central to understanding impacts.

• Chief officers of prescribed agencies and their delegates. A chief officer is legally placed in possession of property held by the agency or its officers (s 5). The chief officer has control and management duties, must take reasonable steps to keep property safe, and must comply with statutory disposal rules (s 6). The chief officer may delegate functions in writing (s 31). Practical obligations include issuing receipts for found property handed to the agency (s 14), taking reasonable measures to determine value (s 32), and following sale procedures (s 33).
• Prescribed agencies and employees. The Police Force and other prescribed government agencies are the institutional actors whose officers will handle found and seized property. Employees authorised to act in the course of duty are exempt from the unauthorised dealing offence (s 10(2)), but agencies are responsible for compliance with holding, notice and disposal rules.
• Claimants and persons entitled to property. Owners, authorised possessors, finders who make claims, and other legally entitled persons are directly affected. Claimants must serve written claims in the form required (s 24) and are constrained by time limits for applying to court if claims are rejected (21 days under s 26(2)). A claimant may need to pay costs or security where courts impose those requirements (s 13(3), s 27(1)(e)).
• Persons who deal with property. Anyone who knowingly deals with seized property without authorisation commits an offence with specified penalties (s 10(1)). The Act protects bona fide purchasers and recipients of property disposed of under the Act by granting good title if the transfer was in good faith (s 34).
• Courts. The Magistrates Court, District Court and Supreme Court are allocated roles according to property value (s 3). Courts decide applications for release or permission to deal with seized property (ss 11-13), adjudicate disputed claims (ss 26-27), supervise disposal queries initiated by chief officers (s 30), and have power to restrict disclosure in limited circumstances (s 12(2)-(4)).
• The State and public finances. The Consolidated Account and, in prescribed circumstances, administration under the Unclaimed Money Act 1990, receive money and net sale proceeds (ss 18, 29). The State therefore benefits financially from net proceeds when disposal is directed to public accounts.
• Charitable or educational institutions and other government agencies. The Act permits chief officers to give property to charitable or educational institutions, or to other government agencies, and to retain items for agency use, including training and educational purposes (ss 18, 19, 29). These recipients may obtain property without market purchase.
• Third‑party service providers. Chief officers may contract out storage, management and maintenance (s 6(2)), and may enter contracts for sale on terms they think fit (s 33(2)). This creates opportunities for private firms to provide logistics, auction or valuation services.
• Persons who find property. The Act provides for finders to lodge claims and sets conditions under which a finder may be treated as owner after statutory steps and time periods have elapsed (s 23).

Who pays. Direct monetary payments can come from found owners or claimants, purchasers at sale, or the Consolidated Account receiving net proceeds. Claimants may be required to pay costs if they seek modification of partly prohibited property (s 19(1)(b)(i)), or may be ordered to pay holding expenses or the costs of an application (s 27(1)(e), s 27(1)(f)). Where courts impose security for value of seized property, claimants or applicants may be required to provide security for potential State claims (s 13(3)-(4)).

Who decides. Chief officers make initial possession and disposal decisions within statutory bounds, subject to court oversight. Courts decide contested entitlement, may order forfeiture or release, impose conditions and allocate costs. The Governor, through regulations, may further define prescribed matters that affect implementation (s 36).

Behavioural change. Agencies must adopt processes for receipt issuance, record keeping, valuation, notice and service, claim handling, secure storage and disposal pathways. Claimants and finders must follow strict notice and statutory declaration requirements (s 24). Third parties must avoid dealing with seized property without express written authorisation (s 10), and purchasers must assess whether property was lawfully sold under the Act to rely on s 34 protections.

The Act imposes specific procedural duties on chief officers and confers rights and remedies on claimants, applicants and purchasers. Below are the main ones with section references and operational implications.

Duties of chief officers and agencies

• Possession and control. The chief officer is to be taken to be in possession of property that is found or seized by the agency (s 5). The officer has statutory control and management responsibilities (s 6(1)(a)).
• Protective care. The chief officer must take reasonable steps to ensure property is kept safely and appropriately stored, managed and maintained until disposed of under the Act (s 6(1)(b)). Reasonable measures to determine value and to ascertain identity and whereabouts of persons entitled are required (ss 32, 22).
• Receipts for found property. A person who hands found property to a prescribed agency must be given a receipt as soon as is reasonably practicable (s 14).
• Notices before disposal. Where a chief officer knows identity and whereabouts of a person entitled, the officer must take reasonable measures to ensure the person is aware of possession (s 21(3)). If the chief officer must release property under ss 18 or 19, the officer may give a written notice setting collection timeframe, after which entitlement ceases (s 18(2), s 19(3)). For partly prohibited property the officer must give a notice describing the effect of subsection (1)(b) and permit a request period before acting under s 19(1)(d) (s 19(2)).
• Handling seized property. The authority to retain seized property is conditional; a chief officer must cease treating property as seized when statutory grounds no longer exist, and then must treat it as held property and dispose of it under Part 5 (s 9(2)-(3)). Disposal cannot occur until at least two months after the property became held property, unless released to a person entitled (s 9(4)).

Rights and remedies for claimants and applicants

• Making claims. Persons claiming entitlement or finder status must lodge written notices with the chief officer, including a statutory declaration supporting the claim, a description of the property and an address for service (s 24).
• Admission or rejection. The chief officer may admit a claim if satisfied on the balance of probabilities that the claimant is entitled and knows no other entitled person (s 25(1)(a)). The officer must give written notice of admission or rejection (s 25(1)(c)). If rejected, the claimant may apply to court (s 26).
• Court applications. A person may apply to the appropriate court for release of seized property or permission to deal with it (s 11). If the chief officer refuses a claim or there are competing claims, the applicant may apply for orders under s 27, which may include admitting or rejecting claims, directions, orders as to holding expenses and costs (s 27).
• Interim protections. The Act allows courts to order non‑disclosure of information relevant to the seizure where disclosure might prejudice safety or the investigation; such applications may be heard without notice and in private (s 12(2)-(4)).
• Security and conditions. Courts may impose conditions on permission to deal with seized property, including requiring security for the payment to the State of the property’s value (s 13(1)(c), s 13(3)-(4)). A person who contravenes such a condition commits an offence carrying specified penalties (s 13(5)).
• Title on good faith acquisition. A person who acquires property released or sold in good faith under the Act obtains good title against all others including the true owner (s 34(1)). No person may recover compensation against the State for interests in property released or sold in good faith (s 34(2)).

State and public financial duties

• Accounting for proceeds. The chief officer must credit forfeited money to the Consolidated Account (s 29(1)). Net sale proceeds of certain held property are to be dealt with under the Unclaimed Money Act 1990 as prescribed retained money (s 18(1)(b)(ii), s 29(3)(c)). The Act leaves regulation to prescribe details (s 36).

Protection and enforcement

• Criminal prohibitions. Dealing with seized property knowing it is seized, without proper authorisation, is an offence with a fine of $12,000 and imprisonment for 12 months (s 10(1)). Acting lawfully in the course of duty exempts agency officers (s 10(2)). Contravening court conditions on dealing also attracts the same penalty (s 13(5)).
• Official immunity. Officials acting in good faith in the performance or purported performance of functions under the Act are protected from actions in tort (s 35(3)). Delegation of functions by chief officers is permitted, subject to writing requirements (s 31).

Operational duties in disposal choices

• Disposal options are rule‑based. For unregulated property, the chief officer must release to a known person, follow Unclaimed Money Act processes for money where whereabouts are unknown, sell and credit proceeds or otherwise dispose as permitted (s 18). For partly prohibited property, the officer must consider whether release is lawful, offer modification at the person’s request on payment of costs, or release to a person who can lawfully possess it, or otherwise sell/retain/destroy (s 19). Wholly prohibited property held as held property must be treated as forfeited property for disposal purposes (s 20).

These duties and rights create a structured decision environment in which agencies exercise initial control within statutory constraints and courts provide remedial oversight and procedural protections for claimants. The Act balances custody, evidence integrity and public interest disposal priorities through defined steps, notices and appealable judicial review.

The Act sets out criminal offences, court powers, financial accountability and administrative enforcement mechanisms. Enforcement is a combination of statutory offences, court orders, and bureaucratic controls, with financial flows controlled by accounting provisions.

Criminal offences and penalties

• Unauthorised dealing with seized property. It is an offence for a person to deal with property they know is seized property, unless authorised by a court order under s 13 or by written authorisation from the chief officer (s 10(1), (3)). The penalty is a fine of $12,000 and imprisonment for 12 months. Agency officers acting lawfully in the course of duty are exempt (s 10(2)). The Act also declares any transaction contravening this section to be void, in law and equity (s 10(4)).
• Breach of court condition. A person who contravenes a condition imposed by a court permitting dealing with seized property commits an offence with the same penalty of a fine of $12,000 and imprisonment for 12 months (s 13(5)).

Court powers and orders as enforcement levers

• Orders on applications. Courts may make a broad range of orders on applications to release or to deal with seized property, including requiring service on interested persons, imposing conditions, requiring security for payment to the State for the value of the property, and ordering costs (s 13(1), (3)-(4)). Conditions and security serve as enforcement tools to ensure the State’s interest is protected if property is later forfeited or otherwise ceases to be seized property.
• Powers as to property. Under s 30, the chief officer may apply to the court for orders as to continued possession and preservation, forfeiture to the State, disposal including sale and treatment of property, destruction, or requiring the property to be altered or damaged. These powers give the court direct control over disposition and preservation, and can be used to enforce statutory obligations or to resolve uncertain or risky situations.
• Disputed claims. Courts decide disputed claims under s 27 and can order a claim to be admitted or rejected, give directions, bar claims, and order payment of holding expenses and costs. Courts can allocate the costs of an officer’s application among claimants (s 27(1)(e)-(f), s 27(2)).

Administrative enforcement and financial controls

• Holding expenses. The Act defines holding expenses and allows courts to make orders as to payment of holding expenses for property (s 3 definition, s 27(1)(e)). This provides a mechanism for agencies to recover costs of storage and management where the court so orders.
• Accounting for proceeds. The Act directs money and net sale proceeds to the Consolidated Account or to be treated under the Unclaimed Money Act 1990 in prescribed cases (ss 18, 29). These accounting directives are administrative enforcement mechanisms to ensure proceeds flow to public accounts and are handled transparently.
• Restrictions on disposal pending appeals. The Act requires that powers under Part 7 not be exercised in relation to forfeited property until appeal periods have expired or appeals concluded (s 28). That is an enforcement rule protecting appellate rights.
• Voidability of transactions. Section 10(4) states that any lease, sale, transfer, mortgage, gift or other legal transaction involving seized property that contravenes the section has no effect in law, equity or otherwise. This provision negates unauthorised transfers and acts as a deterrent to third parties contemplating dealing with seized items.

Protections and limits

• Official immunity. The Act protects officials from tort liability for acts done in good faith under the Act (s 35(3)). This reduces the personal legal risk for officials making good faith decisions about property.
• Good faith purchaser protection. Section 34 provides that persons who acquire property in good faith under the Act receive good title against all others including the true owner. It also precludes compensation claims against the State by persons who previously had an interest in property that was released or sold in good faith (s 34(2)). These provisions support market transactions and reduce acquisition risk for third parties, but shift the loss risk to persons with prior interests if the sale or release was in good faith.

Operational enforcement requirements

• Notice and timeframes. Various sections specify notice requirements and timeframes which, if not observed, can expose agencies to legal challenge or create forfeiture risks. For example, chief officers must not dispose of property that has become held property until at least two months after it became held property unless it is released to a person entitled (s 9(4)). Claimants have 21 days to apply to the court after a rejection (s 26(2)).
• Private hearings and restricted disclosure. The Act permits the court to hear without notice and in private applications by a chief officer seeking to restrict disclosure of information relevant to the seizure if disclosure might prejudice safety or the investigation (s 12(2)-(4)). That mechanism balances enforcement against investigative confidentiality needs.

Enforcement actors

• Police and other prescribed agencies implement seizure, retention and disposal. Chief officers and their delegates take operational enforcement steps in possession, storage and disposal (ss 5-6). Courts provide legal enforcement and remedy backstops (Parts 3, 6, 7, 8). The Governor and regulations shape procedural details subject to legislative direction (s 36).

In sum, enforcement under the Act combines criminal deterrence for unauthorised dealing, judicial oversight and conditions for dealing with seized property, administrative accounting and recovery mechanisms, and protections for officials and good faith purchasers. Each enforcement lever is sectionalised so that decision, remedy and financial outcomes are traceable to particular provisions.

The Act explicitly recognises and structures its relationship with a set of other written laws and administrative regimes. The interplay is significant for priorities, precedence and practical agency behaviour.

Express savings and precedence

• Non‑exclusivity and partial displacement. Section 4(1) provides that, except as provided by s 15(1), the Act does not affect the operation of any other written law that provides for disposal of forfeited, seized or abandoned property, nor the Criminal Property Confiscation Act 2000, the Pawnbrokers and Second‑hand Dealers Act 1994 s 86, or Road Traffic Act 1974 Part V Division 4. This means existing disposal regimes continue to operate in their respective spheres unless s 15 changes the rule in specified circumstances.
• Priority of Criminal Property Confiscation Act 2000. Section 4(2) expressly provides that if an inconsistency exists between this Act and the Criminal Property Confiscation Act 2000, the latter prevails. In practice this defers to the specialist confiscation regime for criminal property when both Acts could apply.

Specific statutory cross‑references and operational overlap

• Exclusions for certain forensic samples. Seized property is defined to exclude samples taken or seized under the Criminal Investigation Act 2006 and things used to obtain identifying particulars under the Criminal Investigation (Identifying People) Act 2002 (s 3). That exclusion prevents overlap where statutory forensic processes require separate treatment under the respective Acts.
• Unclaimed Money Act 1990. The Act uses the Unclaimed Money Act process for dealing with money where the identity is known but whereabouts are not, and for net proceeds from sales where prescribed (s 18(1)(b)(i),(ii), s 18(1)(b)(ii) and s 29). This channels certain funds into an established public accounting and claims process rather than handling them solely within agency finances.
• Pawnbrokers and Second‑hand Dealers Act and Road Traffic Act. Section 4(1)(c)-(d) preserves powers and procedures under those Acts. This would include statutory obligations on pawnbrokers and second‑hand dealers to report or surrender goods as provided in their act, and motor vehicle impoundment and sale provisions under Road Traffic Act practices.
• Forfeiture regimes. The Act treats forfeited property under written laws (defined in s 3) and provides disposal routes for property that becomes forfeited to the State while in agency possession (Part 7). Where property is subject to a separate confiscation order under the Criminal Property Confiscation Act 2000 the Confiscation Act controls.
• Court procedural law. Applications under ss 11 and 26 must be made in accordance with the relevant rules of court (ss 11(2), 26(5), 30(3)). Courts therefore apply ordinary civil procedure rules alongside the Act’s special provisions, including service, evidence and interlocutory processes.
• Regulations and prescribed matters. The Governor may make regulations for matters required or permitted by the Act, permitting the Act to be operationalised with further procedural detail (s 36). The Act also references "prescribed" values and prescribed agencies, which will be filled out by regulation.
• Interagency transfers and training use. The Act permits property to be given to other government agencies for training or educational purposes (ss 18(1)(d)(iv), 19(1)(d)(iii), 29(2)(b), 29(3)(b)). This creates administrative interfaces between agencies and may trigger other agency-specific property or asset management rules.

Operational and legal consequences of interactions

• Deference to specialist regimes. Because the Criminal Property Confiscation Act 2000 prevails in case of inconsistency (s 4(2)), agencies investigating complex confiscation matters will likely follow that specialist Act where it applies, and resort to this Act for found property, minor seizures or where the Confiscation Act is not engaged.
• Accounting and revenue flows. The Act’s cross-reference to the Unclaimed Money Act and to the Consolidated Account (s 29) means that proceeds and money are not retained within agency slush funds but are channelled into centralised accounting frameworks governed by other statutes and Treasury procedures.
• Complexity at interfaces. Practical interactions require agencies to determine whether property is seized in the course of a criminal investigation, forfeited under another written law, or found property. The definitional exclusions and the requirement that s 15 may override s 4(1)(a) in certain cases add complexity. Agencies must therefore be familiar with multiple Acts and their interrelationships before deciding custody and disposal steps. The Act itself requires that if another written law authorises seizure and retention then that law governs (s 16(2)).

In short, the Act is not a stand‑alone disposal code. It is expressly tied into the existing statutory ecosystem. It preserves specialist confiscation law primacy, uses the Unclaimed Money Act for certain monies, protects existing pawnbrokers and traffic impoundment regimes, and leaves detailed operational prescription to regulations and rules of court. Agencies therefore must map the Act’s provisions onto other applicable written laws on a case‑by‑case basis.

The Act’s own text contains a compilation table and an uncommenced provisions table that record its enactment and subsequent amendment history as included in the source provided.

• Enactment. The Criminal and Found Property Disposal Act 2006 received assent as No. 57 of 2006 on 16 November 2006. Sections 1 and 2 commenced on that date. The remainder of the Act commenced on 1 July 2007 (s 2 and Gazette reference in the compilation table).
• Amendment: Statutes (Repeals and Minor Amendments) Act 2009. The Act was amended by the Statutes (Repeals and Minor Amendments) Act 2009 (No. 46 of 2009), specifically s 17 of that amending Act. The amending legislation received assent on 3 December 2009 and commenced on 4 December 2009 (compilation table entry). The source indicates s 18 was amended by No. 46 of 2009 s 17 and notes similar amendment references at s 19 and s 29. These annotations indicate targeted amendments to disposal provisions (particularly ss 18, 19 and 29) made by the 2009 Act.
• Uncommenced provisions. The compilation includes an uncommenced provisions table drawing in a provision from a different Act, the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 (No. 20 of 2013) Pt 3 Div 4, which was assented to on 4 November 2013 but remains to be proclaimed (compilation table entry). The presence of that entry in the uncommenced provisions table suggests the Act’s text may be affected by later legislative frameworks for court processes once proclaimed, but at the time of the source some integration remained to be actioned.
• Editorial notes. The source includes bracketed editorial notes (for example, "[Section 18 amended: No. 46 of 2009 s. 17.]") indicating the legislative history of particular sections. The Act’s compiled text therefore reflects amendments recorded up to the time of compilation.

Practical implications of the amendment history

• Targeted amendments to disposal provisions. The recorded 2009 amendments appear to have modified disposal options and interactions with the Unclaimed Money Act for ss 18, 19 and 29. Those sections govern what happens when identity or whereabouts are unknown, and how forfeited property is handled, indicating legislative refinement of money handling and disposal processes.
• Integration with court process modernisation. The uncommenced reference to the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 suggests future procedural changes (electronic process facilitation) may alter how applications under ss 11 and 26 are lodged and processed once proclaimed and implemented.
• Regulations and prescribed matters. The Act empowers the Governor to make regulations (s 36) and contains references to prescribed values and prescribed agencies (s 3 definitions, s 33(1)). The practical operating environment will therefore continue to evolve through subordinate legislation, which may adjust thresholds for private sale vs public sale, specify prescribed agencies, or set monetary amounts that change court allocation of jurisdiction.

The source does not supply a full legislative history beyond the entries shown in the compilation and uncommenced provisions tables. For a comprehensive amendment record practitioners should consult the official WA legislative history and consolidated version on the WA Legislation website and examine the text of the Statutes (Repeals and Minor Amendments) Act 2009 for precise amendment language.

The provided Act text does not list or summarise any cases, reported decisions or litigation outcomes. It contains no citations to judicial decisions and names no precedents. As a consequence, the source does not supply a litigation history or interpretive case law.

What is in the Act that creates litigation potential

• Disputed claims and court jurisdiction. The Act creates several avenues for litigation by parties who claim entitlement to property or who are aggrieved by a chief officer’s decision. A claimant whose claim is rejected may apply to the appropriate court within 21 days (s 26(1)-(2)). Competing claims or requests for directions by a chief officer may also be taken to court (s 26(3)-(4)). Courts can admit or reject claims, bar claimants, make directions, and order payment of holding expenses and costs (s 27).
• Seized property release applications. Persons may apply to the appropriate court for release of seized property or permission to deal with it (s 11). The chief officer and the aggrieved person are entitled to be heard, and the chief officer can seek orders to exclude disclosure of sensitive information where necessary to protect safety or the investigation (s 12).
• Court’s broad remedial powers. Section 30 allows a chief officer to apply to the appropriate court for orders relating to property in the agency’s possession. The court may order preservation measures, forfeiture, disposal, destruction, treatment or alteration of property, and different orders for different items (s 30(5)-(6)). These wide powers create room for litigation regarding proportionality, evidence, chain of custody and compliance with statutory duties.
• Criminal prosecutions. The Act criminalises unauthorised dealing with seized property and contravention of court conditions imposed on permission to deal with seized property (ss 10(1), 13(5)). Prosecutions for contraventions of these offences would generate litigation in criminal courts.
• Public interest and disclosure restrictions. The Act permits closed hearings and non‑disclosure orders when disclosure might prejudice safety or an investigation (s 12). Litigation may arise where parties challenge the court’s decision to restrict disclosure or where parties seek judicial review of court orders made in private.

What the absence of litigation in the source means for practitioners

• No interpretive guidance in the statute book. Because the source contains no reported decisions, practitioners must rely on first principles, statutory text and related jurisprudence from other regimes where analogous issues arise (for example, property confiscation or unclaimed goods rules) until courts apply this Act and generate interpretation. The Act’s assignment of evidentiary standards (balance of probabilities for admission of claims, s 21(1)(a)) and procedural time limits (21 days for applications after rejection, s 26(2)) will be focal points for future litigation.
• Anticipate disputes over "reasonable measures" and "good faith". The Act repeatedly requires chief officers to take "reasonable measures" (ss 6(1)(b), 22, 32). Litigation is possible over what constitutes reasonable measures in particular circumstances, over whether a release or sale was in "good faith" for s 34 protections, and over the sufficiency of statutory declarations and claim notices under s 24.
• Practical readiness. In the absence of established case law, agencies should document decisions carefully, maintain contemporaneous records of holding expenses, valuation steps and notice attempts, and follow prescribed processes to reduce legal challenge risk. Claimants should preserve evidence for balance of probabilities determinations and adhere strictly to the notice and statutory declaration format required by s 24.

To assemble an authoritative litigation history a practitioner should search WA court databases, legal reporting services and public records for decisions citing this Act. The Act’s text itself does not provide litigation examples or interpretive rulings.

The Act contains several provisions and procedural features that may produce unexpected legal or operational outcomes if not carefully followed. These are practical traps or counterintuitive effects that warrant attention and process controls.

1. Broad definition of "deal with". The Act defines "deal with" seized property to include leasing, selling, transferring, mortgaging, giving away, moving, using and destroying (s 7). That breadth means everyday handling or movement without authority can constitute an offence under s 10 if the actor knows the item is seized. Operational protocols must therefore control even routine handling.

2. Criminal offence for unauthorised dealing, with voidability. Dealing with seized property knowing it is seized is a criminal offence with a fine of $12,000 and 12 months imprisonment (s 10(1)). Additionally, any transaction contravening s 10 has no legal effect in law or equity (s 10(4)). Third parties and employees must be screened and authorised in writing (s 10(3)) before any dealings.

3. "Held property" transition and two‑month waiting rule. When property ceases to be seized property under s 9(2), the chief officer must treat it as held property, dispose of it under Part 5 and must not dispose until at least 2 months have elapsed since it became held property unless released to a person entitled (s 9(3)-(4)). Agencies that fail to track the date the status changed risk premature disposal.

4. Forensic sample exclusions. Seized property excludes samples under the Criminal Investigation Act 2006 and items used in obtaining identifying particulars (s 3). Agencies must correctly classify items to determine whether Part 3 applies.

5. "Knowing" the whereabouts is a low threshold. The Act defines knowing the whereabouts of a person entitled as having a postal address for the person (s 21(2)). That lowers the bar for a chief officer to be treated as knowing whereabouts, with the consequent duty to take reasonable measures to ensure the person is aware the agency has the property (s 21(3)). Agencies must therefore maintain address records and follow notice protocols.

6. Claim formalities and statutory declaration. A claim must be in writing, describe the property, provide an address for service and be accompanied by a statutory declaration that sets out grounds or circumstances (s 24(4)). Informal assertions will not suffice. The statutory declaration requirement can trip up casual finders or claimants.

7. Time limits for court action are short. A claimant whose claim is rejected has 21 days to apply to the appropriate court under s 26(2). Missing this window can forfeit litigation rights and lead to disposal without judicial determination.

8. Court confidentiality powers and in‑camera hearings. Courts may hear applications restricting disclosure in private, without notice, when necessary to protect safety or the investigation (s 12(2)-(4)). Claimants may be excluded from parts of proceedings; this creates practical evidence and disclosure challenges.

9. Title to property released or sold in good faith. If property is released or sold in good faith under the Act, the recipient obtains good title against every other person including the true owner (s 34(1)). This shifts the risk for a mistaken release or sale in good faith away from the buyer and onto the person who had a prior interest, who cannot recover compensation from the State (s 34(2)). Parties claiming prior interests must act promptly to prevent loss.

10. Agencies can retain items for agency use or give to charities. Unregulated or partly/wholly prohibited property can be retained for agency use, gifted to charities or other government agencies, or destroyed (ss 18(1)(d)(iii)-(iv), 19(1)(d), 29(2)-(3)). These options can remove items from the market and may lead to contested decisions if former owners appear later.

11. Requirement to take "reasonable measures". The Act repeatedly requires chief officers to take reasonable measures to determine value, identity and whereabouts (ss 32, 22). This open standard creates uncertainty. Documented steps and good record keeping will be required to withstand judicial scrutiny.

12. Security and financial exposures for applicants. Courts may require security for payment to the State equivalent to the value of the seized property (s 13(3)). Applicants should be prepared to provide security; failure to comply with court‑imposed conditions is an offence (s 13(5)).

13. Interactions with other Acts. The Criminal Property Confiscation Act 2000 prevails over inconsistent provisions (s 4(2)). Agencies must determine which statute governs in overlapping situations, particularly where forfeiture or specialist confiscation processes are engaged.

14. Sale method thresholds are prescribed. Sales must be by public auction or public tender unless the value or kind of property falls under prescribed exceptions (s 33(1)). Agencies must know the prescribed thresholds and categories to lawfully execute a private sale.

15. Delegation must be in writing. Chief officers may delegate functions but only by written instrument (s 31(2)). Informal delegation to staff is inadequate and could invalidate action.

These provisions create a number of process and legal risks. Practical controls include documented custody chains, authorised handling protocols, clear claim intake procedures, automated time and notice triggers, formal valuation steps, and legal sign‑offs before disposal or transfer.

Compliance requires both legal understanding and operational process design. Below are concrete steps, mapped to statutory duties and practical controls, that agencies, claimants and third parties should follow to meet statutory requirements.

For chief officers and agencies

1. Accepting and recording property

   • Issue receipts promptly when members of the public hand found property to the agency (s 14). The receipt should identify the property, date/time, location and the officer receiving it.
   • Log property into a secure property management system, recording whether the item is seized, found, forfeited or held, the date it came into possession, chain of custody, storage location, and any forensic relevance or investigation link.

2. Classification and legal check

   • Determine whether the item is seized property (seized in the course of a criminal investigation), or excluded as a forensic sample (s 3). If seizure authority exists under another written law, note that and apply relevant law (s 16(2)).
   • Classify the property as unregulated, partly prohibited or wholly prohibited (s 3) and document the statutory basis for that classification.

3. Secure storage and holding expenses tracking

   • Implement secure storage, maintenance and management procedures to satisfy the "reasonable steps" duty (s 6(1)(b)). Document expenses incurred as holding expenses for potential court claims (s 3 definition; s 27(1)(e)).

4. Notices and claim management

   • Where identity and whereabouts are known, take reasonable measures to ensure the person is aware that the agency is in possession of the property (s 21(3)). Use registered post or reliable service to create proof of notice.
   • Accept claims only in the statutory format: written notice, description of the property, address for service and statutory declaration setting out grounds or circumstances (s 24(4)). Keep copies and file the statutory declaration securely.
   • If two or more claims are received, notify each claimant of the other claims (s 25(2)) and do not release the property until the time for applications under s 26 has expired or applications determined (s 25(3)).

5. Timeframes

   • Track the date when seized property ceases to be seized property. Do not dispose of it until 2 months have elapsed since it became held property unless released to a person entitled (s 9(3)-(4)).
   • If a claim is rejected, note that the claimant has 21 days to apply under s 26(2). Do not dispose until that period has elapsed or any application has been finally determined (s 25(3)).

6. Valuation and sales

   • Take reasonable measures to determine the property’s value as required by s 32(1). Document valuation methodology and evidence.
   • Sales must be by public auction or public tender unless the item’s value or kind falls within prescribed exceptions (s 33(1)). Follow procurement/auction rules and record terms of sale and net proceeds.
   • Where the net proceeds are to be handled under the Unclaimed Money Act 1990, observe the requirements for prescribed retained money (s 18(1)(b)(ii)).

7. Disposal options and conditions

   • Apply the disposal rules for unregulated, partly prohibited and wholly prohibited property (ss 18-20, 29). For partly prohibited items, offer modification at the person’s request on payment of costs if lawful and practicable (s 19(1)(b)(i)).
   • For perishable or dangerous property, follow s 17: sell if practicable, give to a charitable or educational institution, destroy, or retain if needed by the agency.

8. Court engagement

   • Use court procedures where claims are disputed or release of seized property is contested (ss 11-13, 26-27). Be prepared to apply for orders restricting disclosure to protect safety or investigations, which can be heard in private (s 12).
   • If seeking judicial direction under s 30, be ready to provide the court with requested information and to comply with orders on preservation and storage.

9. Delegation and authorised dealing

   • Ensure any delegation of functions by the chief officer is in writing and is strictly documented (s 31).
   • Where third parties must deal with seized property, issue written authorisations under s 10(3) to avoid unauthorised dealing offences. Maintain a register of written authorisations.

10. Records and audit

    • Keep contemporaneous records of notices, claim communications, statutory declarations, valuations, sale contracts, receipts, custody logs and disposal actions. This documentation supports "reasonable measures" assertions and provides evidence of good faith for s 34 protections.

For claimants and finders

1. Claim format and evidence

   • Prepare a written claim describing the property, provide an address for service and include a statutory declaration that states grounds for entitlement or circumstances in which property was found (s 24(4)). Incomplete claims may be rejected.

2. Time sensitivity

   • If a claim is rejected, remember the 21‑day deadline to apply to the appropriate court under s 26(2). Seek legal advice early.

3. Dealing with partly prohibited property

   • If the item is partly prohibited, consider requesting modification or treatment to make possession lawful and be prepared to pay the officer’s costs of doing so if the officer finds it practicable (s 19(1)(b)(i)).

4. Security and court orders

   • If applying to the court for permission to deal with seized property, be prepared to provide security for payment to the State as the court may require (s 13(3)).

For purchasers and third parties

1. Check authorisation

   • Before purchasing property from an agency, confirm the sale was carried out in accordance with s 33 and that the seller was authorised under the Act. Good faith purchasers acquire title (s 34(1)), but due diligence remains prudent.

2. Avoid unauthorised dealing

   • Do not deal with property known to be seized without written authorisation from the chief officer or a court order (s 10(1)-(3)). The penalties and voidability of transactions are significant (s 10(1), s 10(4)).

Regulatory and policy compliance

• Monitor regulations. The Governor may make regulations prescribing matters required or permitted by the Act (s 36). Ensure procedures reflect any prescribed values, prescribed agencies, or exceptions to sale methods.
• Coordinate with other statutes. When property may be subject to confiscation, pawnbroker reporting or road traffic impoundment, consult the relevant statutory regime (s 4) before acting.

In short, compliance demands formalised intake and records, legal classification steps, robust notice and claims handling, careful valuation and sale protocol, and routine liaison with legal counsel before disposal or authorisation to deal with seized items.