41Confiscation of articles used in offences—the Act, s 46(2)(h)

41 Confiscation of articles used in offences—the Act, s 46(2)(h)

41 Confiscation of articles used in offences—the Act, s 46(2)(h)

(1) A ranger or a police officer may confiscate an offending object—

(a) that has been abandoned, or

(b) if the ranger or officer has directed a person to remove the object from the public domain and the person has not done so, or

(c) if the ranger or officer has directed a person to stop using the object in the public domain and the person has continued to use it.

(2) A ranger must not, in confiscating the object, use force against a person.

(3) The ranger or officer must give the person from whom the object was confiscated (the owner) a receipt that indicates—

(a) the nature of the object, and

(b) the date and time when it was confiscated.

(4) A confiscated object must be, within 24 hours of confiscation—

(a) returned to the owner, or

(b) taken to a place of storage, within the meaning of the Public Spaces (Unattended Property) Act 2021.

(5) If a confiscated object is taken to a place of storage, the owner must be notified in writing of the address of the place of storage.

(6) For a confiscated object that is taken to a place of storage, the Public Spaces (Unattended Property) Act 2021 applies, except for sections 29 and 30(3)(b), as if the object had been taken into possession under that Act.

Note—

The Public Spaces (Unattended Property) Act 2021, section 30 provides for the return of property taken into possession by an authorised officer on application.

(7) The deadline for return for a confiscated object, as referred to in the Public Spaces (Unattended Property) Act 2021, section 32(7), is taken to be 28 days from the day of confiscation.

(8) In this section—

abandoned, in relation to an animal, includes unattended in contravention of section 9.