22AForfeiture of articles used in commission of offences

22A Forfeiture of articles used in commission of offences

[Section 22A Inserted by No. 49 of 2007, s. 7, Applied:13 Dec 2007]

(1)  This section applies if –

(a) a youth has admitted committing an offence; and

(b) an article used in connection with, or obtained during or as a result of, the commission of the offence has been seized; and

(c) the matter is dealt with by way of a diversionary procedure.

(2)  At the conclusion of the diversionary procedure, a commissioned police officer, by an instrument in writing called a forfeiture declaration, may declare that the seized article is forfeit.

(3)  In deciding whether or not to make the forfeiture declaration, the commissioned police officer may have regard to –

(a) the prescribed guidelines, if any; and

(b) any relevant instructions issued under section 21 ; and

(c) such other matters as the commissioned police officer considers relevant and fair in the circumstances.

(4)  However –

(a) the forfeiture declaration must be made if –

(i) the manufacture, use or possession of the seized article is prohibited under a law of the State or the Commonwealth; or

(ii) the seized article would, under a law of the State, be automatically forfeited to the Crown or to an officer or agency of the Crown if the youth were to be convicted or found guilty of the offence by a court; and

(b) the forfeiture declaration must not be made if paragraph (a) does not apply and the seized article is owned by a person other than the youth and the owner had no knowledge of or involvement in the commission of the offence.

(5)  If the forfeiture declaration is made and the identity and address of the owner of the seized article have been established (and the owner is a person other than the youth) –