sch.11-sec.76Application for orders declaring ownership of relevant things— Act , s 694

sch.11-sec.76 Application for orders declaring ownership of relevant things— Act , s 694

This section sets out the responsibilities of a police officer who applies under section 694 (2) of the Act for an order declaring who is the owner of a relevant thing. The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; the reasons why the officer is seeking the order; a description of the relevant thing, including, for example— the approximate value of the relevant thing; and if the police officer reasonably believes a person has a legal or equitable interest in the relevant thing—the nature of the interest; and whether the relevant thing may be needed as evidence in a proceeding; and if the relevant thing may be needed as evidence in a proceeding for an offence—the offence; and if the relevant thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding; if the relevant thing was seized by the police officer—the circumstances in which the thing was seized, including, for example, if the relevant thing was seized under a search warrant; other information or evidence, in the possession of the officer, that may assist the magistrate hearing the application to decide the application. (sch.11-sec.76-ssec.1) This section sets out the responsibilities of a police officer who applies under section 694 (2) of the Act for an order declaring who is the owner of a relevant thing. (sch.11-sec.76-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; the reasons why the officer is seeking the order; a description of the relevant thing, including, for example— the approximate value of the relevant thing; and if the police officer reasonably believes a person has a legal or equitable interest in the relevant thing—the nature of the interest; and whether the relevant thing may be needed as evidence in a proceeding; and if the relevant thing may be needed as evidence in a proceeding for an offence—the offence; and if the relevant thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding; if the relevant thing was seized by the police officer—the circumstances in which the thing was seized, including, for example, if the relevant thing was seized under a search warrant; other information or evidence, in the possession of the officer, that may assist the magistrate hearing the application to decide the application.

• (a) the officer’s name, rank, registered number and station;
• (b) the reasons why the officer is seeking the order;
• (c) a description of the relevant thing, including, for example— (i) the approximate value of the relevant thing; and (ii) if the police officer reasonably believes a person has a legal or equitable interest in the relevant thing—the nature of the interest; and (iii) whether the relevant thing may be needed as evidence in a proceeding; and (iv) if the relevant thing may be needed as evidence in a proceeding for an offence—the offence; and (v) if the relevant thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding;