sch.11-sec.77Applications for orders in relation to seized things— Act , s 695

sch.11-sec.77 Applications for orders in relation to seized things— Act , s 695

This section sets out the responsibilities of a police officer who applies under section 695 (2) of the Act for an order under section 696 of the Act in relation to the thing (the seized thing ) mentioned in section 695 (1) of the Act . The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; the order under section 696 (1) or (2) of the Act the officer is seeking; the reasons why the officer is seeking the order; a description of the seized thing, including, for example— the approximate value of the seized thing; and if the police officer reasonably believes a person has a legal or equitable interest in the seized thing—the nature of the interest; and whether the seized thing may be needed as evidence in a proceeding; and if the seized thing may be needed as evidence in a proceeding for an offence—the offence; and if the seized thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding; the circumstances in which the thing was seized, including, for example, if the seized thing was seized under a search warrant; other information or evidence, in the possession of the officer, that may assist the issuer to decide the application. In this section— issuer see section 695 (2) of the Act . (sch.11-sec.77-ssec.1) This section sets out the responsibilities of a police officer who applies under section 695 (2) of the Act for an order under section 696 of the Act in relation to the thing (the seized thing ) mentioned in section 695 (1) of the Act . (sch.11-sec.77-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 order under section 696 (1) or (2) of the Act the officer is seeking; the reasons why the officer is seeking the order; a description of the seized thing, including, for example— the approximate value of the seized thing; and if the police officer reasonably believes a person has a legal or equitable interest in the seized thing—the nature of the interest; and whether the seized thing may be needed as evidence in a proceeding; and if the seized thing may be needed as evidence in a proceeding for an offence—the offence; and if the seized thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding; the circumstances in which the thing was seized, including, for example, if the seized thing was seized under a search warrant; other information or evidence, in the possession of the officer, that may assist the issuer to decide the application. (sch.11-sec.77-ssec.3) In this section— issuer see section 695 (2) of the Act .

• (a) the officer’s name, rank, registered number and station;
• (b) the order under section 696 (1) or (2) of the Act the officer is seeking;