NSWIn ForceAct
Pawnbrokers and Second-hand Dealers Act 1996
32MDirections by court for restoration of goods
Start here
Get a plain-English read of 32M
Turn the raw legal text into a practical explanation grounded in Pawnbrokers and Second-hand Dealers Act 1996.
#### 32M Directions by court for restoration of goods
32M Directions by court for restoration of goods
> > (1) A court that, in any criminal proceedings—
> >
> > > (a) finds that any goods have been stolen or that possession of any goods has been taken unlawfully, and
> >
> > > (b) believes that the goods are in the possession of a licensee,
> >
> > must, unless it is satisfied in a particular case that there is good reason why such a direction should not be given, by order direct the Commissioner of Police or a police officer specified in the direction to take the goods into police custody.
>
> > (2) It is the duty of the Commissioner of Police or police officer concerned to comply with the direction without delay.
>
> > (3) Part 17 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) applies to the goods of which possession is taken in compliance with the direction of a court under this section.
>
> > (4) The power conferred on a court by this section is in addition to any other power or discretion vested in it.
>
> Note.
>
> Section 43 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) also empowers courts to order restoration of property in criminal proceedings.
>
> **s 32M:** Ins 2002 No 104, Sch 1 \[31\] (am 2002 No 104, Sch 1 \[50\]). Am 2014 No 33, Sch 1.9 \[2\] \[3\].