58Disputed property in possession of police

58 Disputed property in possession of police (1) This section applies to property (other than property seized under a warrant to seize property issued under section 73 of the **Magistrates' Court Act 1989**) that has come into the possession of a police officer— (a) in the performance of his or her duties as a police officer; or (b) in the exercise of his or her powers as a police officer. (2) A police officer may apply to the Magistrates' Court for an order under this section if one or more persons claim an interest in the property that would entitle them to possession of the property. (3) The police officer must give written notice of the application— (a) to any person who claims an interest in the property that would entitle the person to possession of the property; and (b) to any person to whom the Magistrates' Court requires the officer to give notice; and (c) to any other person the officer reasonably believes has an interest in the property that would entitle the person to possession of the property. (4) On application under this section, the Magistrates' Court may— (a) decide who is entitled to possession of the property; and (b) if the police officer is not entitled to possession of the property, order the police officer to deliver the property to the person who is entitled to possession of it. (5) A person notified under subsection (3) and any other person who claims an interest that would entitle the person to possession of the property may appear and be heard at the hearing of the application. (6) If a person who has been given notice under subsection (3) fails to attend the hearing, the hearing may be held in the person's absence. (7) If a police officer complies with an order made under this section to deliver property to a person, proceedings cannot be brought against the officer or the State for recovery of the property or recovery of the value of the property. (8) Subsection (7) does not affect any other rights or liabilities of any person who has or claims to have an interest in the property.