QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.716Perishable things
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### sec.716 Perishable things
This section applies to a relevant thing that is perishable if—
the thing can not be returned to its owner or the person who had lawful possession of it before it came into the possession of the police service; or
its owner or the person who had lawful possession of the thing before it came into the possession of the police service can not be contacted to obtain directions about how to deal with the thing.
The commissioner may dispose of the thing in a way that—
does not cause an actual or apparent conflict of interest in the commissioner or someone in a position to influence how the thing may be disposed of; and
A conflict of interest may be apparent if a friend, relative or business associate of a person in a position to influence how a thing may be disposed of may benefit from the disposal of the thing.
benefits the community generally or a community group.
Vegetables that are suspected of being stolen may be given to a community organisation running a kitchen to feed the homeless.
If the commissioner reasonably suspects the relevant thing is unfit for human consumption or it is impracticable to dispose of the thing in a way that satisfies subsection (2) , the commissioner must dispose of it in a way that does not cause danger to anyone or the community generally.
s 716 ins 2000 No. 22 s 25
(sec.716-ssec.1) This section applies to a relevant thing that is perishable if— the thing can not be returned to its owner or the person who had lawful possession of it before it came into the possession of the police service; or its owner or the person who had lawful possession of the thing before it came into the possession of the police service can not be contacted to obtain directions about how to deal with the thing.
(sec.716-ssec.2) The commissioner may dispose of the thing in a way that— does not cause an actual or apparent conflict of interest in the commissioner or someone in a position to influence how the thing may be disposed of; and A conflict of interest may be apparent if a friend, relative or business associate of a person in a position to influence how a thing may be disposed of may benefit from the disposal of the thing. benefits the community generally or a community group. Vegetables that are suspected of being stolen may be given to a community organisation running a kitchen to feed the homeless.
(sec.716-ssec.3) If the commissioner reasonably suspects the relevant thing is unfit for human consumption or it is impracticable to dispose of the thing in a way that satisfies subsection (2) , the commissioner must dispose of it in a way that does not cause danger to anyone or the community generally.
- (a) the thing can not be returned to its owner or the person who had lawful possession of it before it came into the possession of the police service; or
- (b) its owner or the person who had lawful possession of the thing before it came into the possession of the police service can not be contacted to obtain directions about how to deal with the thing.
- (a) does not cause an actual or apparent conflict of interest in the commissioner or someone in a position to influence how the thing may be disposed of; and Example for subsection (2) (a) — A conflict of interest may be apparent if a friend, relative or business associate of a person in a position to influence how a thing may be disposed of may benefit from the disposal of the thing.
- (b) benefits the community generally or a community group. Example for subsection (2) (b) — Vegetables that are suspected of being stolen may be given to a community organisation running a kitchen to feed the homeless.