sec.686Application of pt 3

### sec.686 Application of pt 3 This part applies to a thing that is lawfully in the possession of the police service ( relevant thing ), whether before or after the commencement of this section, because— it was seized by a police officer or protective services officer; or it was found by someone other than a police officer or protective services officer who gave it to a police officer or protective services officer as apparently lost property; or it otherwise came into the possession of a police officer or protective services officer in the course of performing the officer’s functions. However, this part does not apply to— a vehicle that is impounded or immobilised under chapter 4 or 22 or seized under section 124 ; or an animal seized under section 137 ; or a sample or other thing taken or collected from a person under chapter 17 ; or a blood or urine sample taken from a person under chapter 18 ; or a specimen of saliva, blood or urine taken from or provided by a person under chapter 18A or the Road Use Management Act , section 80 ; or a thing seized by a police officer under a property seizure order under the Confiscation Act ; or a thing seized under the Public Safety Preservation Act 1986 , part 3 ; or a prohibited item seized from restricted premises under the Peace and Good Behaviour Act 1982 , section 49 ; or a prohibited item seized from premises the subject of a search warrant applied for under section 150 (1) (e) in exercise of powers under section 157 (1) (h) ; or fortification removed from fortified premises under the Peace and Good Behaviour Act 1982 , section 65 ; or property in the possession of a protective services officer under a bailment of the property to the officer. However, to the extent this part imposes an obligation on a police officer or protective services officer to keep seized things in a safe place, this part does apply to a thing mentioned in subsection (2) (f) or (k) that is reasonably capable of being moved. Also, this part, apart from section 721 , does not apply to something seized under chapter 19 , part 5 if a coroner decides the death is a reportable death. Also, this part has effect in relation to a dangerous drug subject to the operation of part 4 in relation to the dangerous drug. In addition, this part, to the extent it deals with forfeited property, applies to property forfeited to the State under the Public Safety Preservation Act 1986 , section 42 that is in the possession of the police service. s 686 ins 2000 No. 22 s 25 amd 2002 No. 33 s 11 ; 2002 No. 68 s 337 ; 2003 No. 5 s 24 ; 2003 No. 46 s 19 sch ; 2003 No. 13 s 106 sch 1 ; 2003 No. 49 s 19 ; 2005 No. 64 s 3 sch ; 2006 No. 26 s 64 ; 2013 No. 45 s 63 ; 2013 No. 15 s 80 sch ; 2014 No. 42 s 119 ; 2016 No. 4 s 74 ; 2016 No. 62 s 322 ; 2022 No. 9 s 15 (sec.686-ssec.1) This part applies to a thing that is lawfully in the possession of the police service ( relevant thing ), whether before or after the commencement of this section, because— it was seized by a police officer or protective services officer; or it was found by someone other than a police officer or protective services officer who gave it to a police officer or protective services officer as apparently lost property; or it otherwise came into the possession of a police officer or protective services officer in the course of performing the officer’s functions. (sec.686-ssec.2) However, this part does not apply to— a vehicle that is impounded or immobilised under chapter 4 or 22 or seized under section 124 ; or an animal seized under section 137 ; or a sample or other thing taken or collected from a person under chapter 17 ; or a blood or urine sample taken from a person under chapter 18 ; or a specimen of saliva, blood or urine taken from or provided by a person under chapter 18A or the Road Use Management Act , section 80 ; or a thing seized by a police officer under a property seizure order under the Confiscation Act ; or a thing seized under the Public Safety Preservation Act 1986 , part 3 ; or a prohibited item seized from restricted premises under the Peace and Good Behaviour Act 1982 , section 49 ; or a prohibited item seized from premises the subject of a search warrant applied for under section 150 (1) (e) in exercise of powers under section 157 (1) (h) ; or fortification removed from fortified premises under the Peace and Good Behaviour Act 1982 , section 65 ; or property in the possession of a protective services officer under a bailment of the property to the officer. (sec.686-ssec.3) However, to the extent this part imposes an obligation on a police officer or protective services officer to keep seized things in a safe place, this part does apply to a thing mentioned in subsection (2) (f) or (k) that is reasonably capable of being moved. (sec.686-ssec.4) Also, this part, apart from section 721 , does not apply to something seized under chapter 19 , part 5 if a coroner decides the death is a reportable death. (sec.686-ssec.5) Also, this part has effect in relation to a dangerous drug subject to the operation of part 4 in relation to the dangerous drug. (sec.686-ssec.6) In addition, this part, to the extent it deals with forfeited property, applies to property forfeited to the State under the Public Safety Preservation Act 1986 , section 42 that is in the possession of the police service. - (a) it was seized by a police officer or protective services officer; or - (b) it was found by someone other than a police officer or protective services officer who gave it to a police officer or protective services officer as apparently lost property; or - (c) it otherwise came into the possession of a police officer or protective services officer in the course of performing the officer’s functions. - (a) a vehicle that is impounded or immobilised under chapter 4 or 22 or seized under section 124 ; or - (b) an animal seized under section 137 ; or - (c) a sample or other thing taken or collected from a person under chapter 17 ; or - (d) a blood or urine sample taken from a person under chapter 18 ; or - (e) a specimen of saliva, blood or urine taken from or provided by a person under chapter 18A or the Road Use Management Act , section 80 ; or - (f) a thing seized by a police officer under a property seizure order under the Confiscation Act ; or - (g) a thing seized under the Public Safety Preservation Act 1986 , part 3 ; or - (h) a prohibited item seized from restricted premises under the Peace and Good Behaviour Act 1982 , section 49 ; or - (i) a prohibited item seized from premises the subject of a search warrant applied for under section 150 (1) (e) in exercise of powers under section 157 (1) (h) ; or - (j) fortification removed from fortified premises under the Peace and Good Behaviour Act 1982 , section 65 ; or - (k) property in the possession of a protective services officer under a bailment of the property to the officer.