Part 13Property in custody of SA Police

Part 13—Property in custody of SA Police 67—Application of Part (1) Subject to subregulation (2), this Part applies subject to any other Act or regulation. (2) Despite subregulation (1), the Unclaimed Goods Act 1987 does not apply to the sale, destruction or other disposal of property under this Part. 68—Interpretation (1) In this Part, unless the contrary intention appears— found property means any personal property that has been lost and whose owner is unknown at the time at which it is found; legal proceedings includes a coronial inquiry; money includes a negotiable instrument; owner, in relation to property, means the person who is entitled to possession of the property; prescribed account means an ADI (authorised deposit‑taking institution) account maintained for the purpose of holding money that is in the custody of SA Police or the proceeds of the sale of other property that is in the custody of SA Police; property means— (a) found property; and (b) the personal effects of deceased persons; and (c) property that is seized or otherwise taken into the custody of a member of SA Police for investigatory or evidentiary purposes; unclaimed property means property that has been in the custody of SA Police for the period of at least 2 months and in relation to which— (a) there is no person who appears, to the satisfaction of the Commissioner, to be the owner of the property; or (b) there is such a person but that person has not been located after reasonable inquiry; or (c) there is such a person but that person has not exercised his or her right to recover the property, but does not include found property unless, in addition— (d) the finder has not exercised his or her right to claim the property within 42 days from the time at which he or she delivered the property to SA Police; or (e) the finder has relinquished his or her claim to the property. (2) For the purposes of this Part, a reference to a member of SA Police will be taken to include a reference to a police security officer. 69—Custody of property (1) The Commissioner must ensure the safety and security of property in the custody of SA Police. (2) If a member of SA Police receives, seizes or otherwise takes custody of property, the member (or where 2 or more members are performing duty together, the senior member) must cause— (a) a record of the property to be made in the manner approved by the Commissioner; and (b) subject to this Part, the property to be kept in the manner and place approved by the Commissioner; and (c) a receipt to be issued, as soon as is reasonably practicable and in the manner approved by the Commissioner, to the person from whom the property was received, seized or otherwise obtained. (3) A member of SA Police must not use property that is in the custody of SA Police for purposes other than— (a) those for which it was received, seized or otherwise taken; or (b) purposes authorised under these regulations. 70—Money (1) Money that is in the custody of SA Police must, unless it is required in specie for evidentiary purposes in legal proceedings or to assist in the identification of its owner, be paid into a prescribed account in accordance with general or special orders. (2) If the money is not in Australian currency, it must be converted to Australian currency for retention in the account. (3) On payment of money into a prescribed account— (a) the amount in Australian currency paid into the account; and (b) except where found money is later returned to the finder or a court otherwise orders, any interest earned on the amount, is to be taken to constitute the relevant money for the purposes of the disposal of property in accordance with these regulations. 71—Investigation of ownership The Commissioner must cause all reasonable efforts to be made to determine and locate the owner of property that is in the custody of SA Police. 72—Disposal of property (1) Subject to any order of a court, property that is in the custody of SA Police for investigatory or evidentiary purposes must not be released or disposed of by SA Police except— (a) for scientific analysis, use as an exhibit or other use in connection with legal proceedings or official investigations; or (b) in accordance with subregulation (2), when the Commissioner is satisfied that the property is no longer required for use in connection with any legal proceedings or official investigations. (2) Subject to subregulation (1) property that is in the custody of SA Police must be disposed of as follows: (a) if a court makes an order for the disposal of the property—the property must be disposed of in accordance with that order; (b) if proceedings to determine the ownership of the property have commenced—the property must be retained by SA Police until those proceedings have been completed or discontinued; (c) subject to paragraphs (a) and (b)— (i) if there is a person who appears, to the satisfaction of the Commissioner, to be the owner, the property must be returned to that person unless he or she— (A) cannot be located after reasonable inquiry; or (B) does not exercise his or her right to recover the property; (ii) if there is no person who appears to be the owner (or if subparagraph (i)(A) or (B) applies) and the property is found property claimed by the finder within the period required by these regulations and retained by SA Police for the period required by these regulations—the property must be returned to the finder in accordance with these regulations; (iii) if the property is unclaimed property—it must be disposed of as unclaimed property in accordance with these regulations. 73—Dealing with certain property Despite these regulations— (a) if property in the custody of SA Police is of such a nature that no person is lawfully entitled to it, the Commissioner must, if the property is not required by SA Police for use in connection with any legal proceedings or official investigations or for training or educational purposes, cause the property to be destroyed; and (b) subject to paragraph (a)—if it appears to the Commissioner that property in the custody of SA Police whose owner is not known, cannot be located or does not exercise his or her right to recover the property— (i) is perishable or may rapidly depreciate in value; or (ii) is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for SA Police to retain the property; or (iii) is an electronic device or electronic equipment capable of storing or recording information or data so that the information or data may be accessed by a person, the Commissioner may cause the property to be sold, destroyed, returned to the finder (if there is a finder and he or she claims the property) or otherwise disposed of at such time and in such manner as the Commissioner thinks fit. 74—Property subject to court order If property is in the custody of SA Police under an order of a court that requires the property to be retained until further notice, the property may be disposed of in accordance with these regulations as unclaimed property if no person becomes entitled to the property by order of a court in proceedings commenced within 3 years after the making of the earlier order. 75—Found property (1) Found property in the custody of SA Police— (a) may be claimed by the finder no later than 42 days from the day on which he or she delivered the property to SA Police; and (b) must not be returned to the finder until it has been in the custody of SA Police for a period of at least 2 months. (2) If found property is returned to the finder, the finder— (a) does not obtain title to the property as against the owner or the person who lost the property until the end of 5 years from the day on which the property was returned to the finder by SA Police; and (b) will be taken to have agreed to— (i) return the property (or, if the finder no longer has the property, pay an amount equal to its value at that time) to a person who claims the property, and proves that claim to the satisfaction of the Commissioner, within 5 years after the day on which it was returned to the finder by SA Police; and (ii) indemnify the Commissioner and any employee in the department in respect of any order or claim made or cost, loss, damage or expense incurred by any of them as a result of the return of the property to the finder; and (c) is not entitled to interest on found money. (3) Found property must not be returned to the finder unless he or she is first given notice in writing, in a form approved by the Commissioner, as to the operation of this regulation in relation to the finder's title to the property. (4) An agreement under subregulation (2) is not void for want of consideration or for failure to comply with subregulation (3). (5) An employee in the department who comes into possession of property in the course of his or her duties does not have the rights of a finder in relation to that property. 76—Unclaimed property (1) The Commissioner may cause the whole or any part of unclaimed property, other than unclaimed money, that is in the custody of SA Police to be retained for use by SA Police, or sold, destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit. (2) Unclaimed money in the custody of SA Police is to be dealt with in accordance with regulation 70. 77—Effect, proceeds of sale (1) A person who buys property sold by or on the authority of the Commissioner under this Part obtains good title to that property. (2) The proceeds of a sale of property under this Part must be applied as follows: (a) firstly, in payment of the expenses occasioned by the sale; (b) secondly, in payment of storage or other expenses incurred by SA Police in relation to the property; (c) thirdly, by payment of the balance into a prescribed account in accordance with general or special orders. 78—Proceeds, unclaimed money to be paid into Consolidated Account (1) Proceeds of sale and unclaimed money held in a prescribed account under this Part must be retained in the account for a period of 6 months, after which the principal and any interest must be paid into the Consolidated Account. (2) If unclaimed money held in a prescribed account was not unclaimed money at the time it was paid into the account but subsequently became unclaimed, the 6 month period referred to in subregulation (1) commences at the time at which the money became unclaimed. 79—Return of unclaimed property, proceeds of sale The Commissioner may, at his or her discretion— (a) if a person who appears, to the satisfaction of the Commissioner, to be the owner of property claims the property after it has become unclaimed property but while it remains in the custody of SA Police, authorise the property to be returned to the person; (b) if a person who appears, to the satisfaction of the Commissioner, to have been the owner of property before it was sold under this Part claims the balance of the proceeds of the sale while the money continues to be held in a prescribed account under this Part, authorise the payment of the balance (and any interest on the balance) to the person. 80—Commissioner may prepare instruments The Commissioner may prepare and execute all instruments necessary for carrying into effect the sale, destruction or other disposal of property under this Part.