188SPower to destroy seized things

#### 188S Power to destroy seized things 188S Power to destroy seized things > > (1) The Secretary may destroy or dispose of a thing if— > > > > > (a) the thing was seized under this division, and > > > > > (b) the thing is no longer required as evidence in proceedings. > > > (2) The Secretary must not destroy a thing under this division unless— > > > > > (a) before destroying the thing, the Secretary gives written notice of the proposed destruction to the owner or person in charge of the thing, or > > > > > (b) the Secretary is satisfied that the owner or person in charge of the thing has already been given written notice of the proposed destruction. > > > (3) Notice must be given at least 7 days before the thing is destroyed. > > > (4) A requirement to give notice does not apply to the destruction of a thing if— > > > > > (a) there does not appear to be an individual immediately in control of the thing, and the owner or person in charge cannot be located after making reasonable inquiries, and > > > > > (b) the Secretary considers that, in the circumstances, the thing must be destroyed without notice to the owner or person in charge. > > > (5) This section does not apply to the destruction of a thing that has been forfeited to the Secretary. > > > (6) If the Secretary decides to destroy or dispose of a thing— > > > > > (a) the thing immediately becomes the property of the State, and > > > > > (b) compensation is not payable for— > > > > > > > (i) the transfer of ownership, or > > > > > > > (ii) the destruction or disposal of the thing, and > > > > > (c) duty is not payable for the transfer, and > > > > > (d) the Secretary must, as soon as practicable, tell the person who owned the thing immediately before its seizure about the destruction or disposal, unless— > > > > > > > (i) the Secretary is not able to find the person after making reasonable inquiries, or > > > > > > > (ii) it is otherwise impracticable or unreasonable to tell the person. > > > (7) This section does not limit the Secretary’s power to destroy a thing in the exercise of another power for an authorised purpose. > > **s 188S:** Ins 2025 No 14, Sch 1\[55\].