79Disposal, &c., of unclaimed SSDS

79 Disposal, &c., of unclaimed SSDS

(1)  This section applies where –

(a) the owner of an SSDS seized under this Act is unknown; or

(b) an authorised officer reasonably believes that an SSDS has been abandoned in a public place.

(2)  Where subsection (1)(b) applies, the authorised officer may remove the SSDS to a place of safe-keeping.

(3)  [Section 79 Subsection (3) amended by No. 2 of 2012, s. 103, Applied:01 Jan 2013] The regulator is to make a reasonable attempt to identify the owner of the SSDS.

(4)  [Section 79 Subsection (4) amended by No. 2 of 2012, s. 103, Applied:01 Jan 2013] However, if the regulator is unable to identify the owner of the SSDS within 3 months after it is seized or taken into safe-keeping, or no person claims the SSDS within that period –

(a) the SSDS becomes the property of the Crown; and

(b) [Section 79 Subsection (4) amended by No. 2 of 2012, s. 103, Applied:01 Jan 2013] the SSDS may be disposed of as the regulator, having regard to considerations of State security and public safety, thinks fit.

(5)  This section has effect regardless of whether any proceedings are instituted in respect of the SSDS.

(6)  No action lies against the Crown for disposing of an SSDS under this section.