sec.79What happens to thing seized

sec.79 What happens to thing seized

If the administrator is reasonably satisfied a thing seized under section 78 is a harmful thing, the administrator must— keep it for the client and give it to the client on the client’s release from the forensic disability service; or give it to someone else if the client is able to give, and has given, agreement to do so; or if the administrator is satisfied someone else is entitled to possession of the thing—give or send it to that person; or if the administrator is reasonably satisfied it is of negligible value—dispose of it in the way the administrator considers appropriate. However, if the administrator reasonably believes the seized thing is connected with, or is evidence of, the commission or intended commission of an offence against an Act, the administrator must give it to an authorised person under that Act. The seizure provisions of the Act mentioned in subsection (2) apply to the thing as if the authorised person had seized it under the provisions of that Act that relate to the offence. If the authorised person is not reasonably satisfied the thing is evidence of the commission or intended commission of the offence, the authorised person must return it to the administrator who must deal with it under this section. Immediately after making a decision about what happens to a seized thing, the administrator must make a written record of the decision. In this section— authorised person , under an Act, means a person who is authorised under that Act to perform inspection and enforcement functions. seizure provisions , of an Act, means the provisions of that Act relating to the access to, and retention, disposal and forfeiture of, a thing after its seizure under that Act. (sec.79-ssec.1) If the administrator is reasonably satisfied a thing seized under section 78 is a harmful thing, the administrator must— keep it for the client and give it to the client on the client’s release from the forensic disability service; or give it to someone else if the client is able to give, and has given, agreement to do so; or if the administrator is satisfied someone else is entitled to possession of the thing—give or send it to that person; or if the administrator is reasonably satisfied it is of negligible value—dispose of it in the way the administrator considers appropriate. (sec.79-ssec.2) However, if the administrator reasonably believes the seized thing is connected with, or is evidence of, the commission or intended commission of an offence against an Act, the administrator must give it to an authorised person under that Act. (sec.79-ssec.3) The seizure provisions of the Act mentioned in subsection (2) apply to the thing as if the authorised person had seized it under the provisions of that Act that relate to the offence. (sec.79-ssec.4) If the authorised person is not reasonably satisfied the thing is evidence of the commission or intended commission of the offence, the authorised person must return it to the administrator who must deal with it under this section. (sec.79-ssec.5) Immediately after making a decision about what happens to a seized thing, the administrator must make a written record of the decision. (sec.79-ssec.6) In this section— authorised person , under an Act, means a person who is authorised under that Act to perform inspection and enforcement functions. seizure provisions , of an Act, means the provisions of that Act relating to the access to, and retention, disposal and forfeiture of, a thing after its seizure under that Act.