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Criminal Property Forfeiture Act 2002
110Duties of responsible person
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110 Duties of responsible person
A person who has responsibility for the control or management of
property under this Act or an order under this Act must take
reasonable steps to ensure that the property is appropriately stored
or managed, and that it is appropriately maintained, until one of the
following happens in accordance with this Act:
(a) the property is returned to the person from whom it was seized
or to a person who owns it;
(b) another person becomes responsible for the control and
management of the property;
(c) the property is sold or destroyed;
(d) the property is otherwise disposed of.
Division 2 Disposal of deteriorating or undesirable property
Criminal Property Forfeiture Act 2002 63
Division 2 Disposal of deteriorating or undesirable property
111 Destruction of property on grounds of public interest
(1) A person who has responsibility for the control or management of
seized, restrained or forfeited property may apply to the court that
made the relevant order (or, for seized property, the court that has
jurisdiction under section 135) for an order under subsection (2)
that the property be destroyed.
(2) The court that is hearing an application under subsection (1) may
order that the property is to be destroyed if it would not be in the
public interest to preserve the property.