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Contents (2016 - 58)
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Crown Land Management Act 2016 No 58
Current version for 1 July 2019 to date (accessed 20 September 2019 at 10:32)
Part 10 Division 10.8
Division 10.8 Functions in relation to seized things
10.28   Definitions
(1)  In this Division:
owner of a thing includes a person entitled to possession of the thing.
responsible person for a seized thing means the apparent owner of the thing or the apparent occupier of premises at which the thing is seized.
seized thing means a thing seized by an authorised officer under this Part.
(2)  For the purposes of the Division, the continued retention of a seized thing in custody is not justified if and only if:
(a)  it is not or is no longer necessary to retain the thing to prevent, eliminate or minimise a biosecurity risk posed by or in relation to the thing, and
(b)  it is not or is no longer necessary to retain the thing as evidence of an offence.
10.29   Receipt for seized things
(1)  As soon as practicable after an authorised officer seizes a thing, the authorised officer must give a receipt for it to a responsible person.
(2)  If it is not practicable to comply with subsection (1), the authorised officer may instead leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.
(3)  A receipt is not required if the thing is seized in a public place and the apparent owner of the thing cannot be located after reasonable inquiry.
(4)  A receipt must describe generally the seized thing and its condition.
(5)  This section does not apply if it is impracticable or would be unreasonable to give a receipt given the nature, condition or value of a seized thing.
10.30   Return of seized things
(1)  An authorised officer must return a seized thing to its owner if the authorised officer is satisfied that:
(a)  it is lawful for the owner to have possession of the thing, and
(b)  the continued retention of the thing in custody is not justified.
(2)  A requirement to return a seized thing to its owner includes a requirement to remove or lift any restrictions on an owner’s access to a seized thing.
(3)  This section does not apply if an authorised officer certifies in writing that the authorised officer is unable to return the seized thing to its owner.
10.31   Certification of inability to return seized thing
(1)  An authorised officer may certify in writing that the authorised officer is unable to return a seized thing to its owner if:
(a)  the authorised officer cannot find the owner of the thing after making any inquiries it is reasonable to make in the circumstances, or
(b)  the authorised officer cannot, for any other reason, return the thing to its owner after making any efforts to do so that are reasonable to make in the circumstances.
(2)  Regard is to be had to a thing’s nature, condition and value in deciding:
(a)  whether it is reasonable to make inquiries or efforts, and
(b)  what inquiries or efforts (if any) are reasonable in the circumstances.
(3)  The Minister may give directions as to the inquiries or efforts that are to be made by authorised officers in relation to the return of any seized thing or class of seized things.
(4)  Compliance with any such directions is evidence that all reasonable inquiries or efforts were made.
10.32   Court order requiring delivery of seized thing
(1)  A court may, on application by any person, make an order directing that a seized thing be delivered to the person.
(2)  A court may make such an order only if satisfied that:
(a)  the person is the owner of the seized thing, and
(b)  it is lawful for the person to have possession of the thing, and
(c)  the continued retention of the seized thing in custody is not justified.
(3)  In deciding an application the court may do any one or more of the following things:
(a)  make a finding or order as to the ownership of the thing,
(b)  make a finding or order as to liability for, and payment of, costs and expenses incurred in keeping a thing in custody,
(c)  make any necessary incidental or ancillary findings or orders.
(4)  The court to which an application under this section may be made is:
(a)  the Local Court, if the estimated value of the thing does not exceed $100,000, or
(b)  the Land and Environment Court, if the estimated value of the thing exceeds $100,000.
(5)  Despite subsection (4), a court that is hearing proceedings for an offence may deal with an application relating to a seized thing connected with that offence regardless of the estimated value of the thing.
(6)  A court cannot make an order under this section in respect of a thing that has been seized by an authorised officer in the case of an emergency unless the Minister has given notice of the Minister’s intention to declare the seized thing to be forfeited to the Minister.
(7)  A court cannot make an order under this section in respect of a seized thing that has been forfeited to the Crown.
(8)  A requirement to deliver a seized thing to its owner includes a requirement to remove or lift any restrictions on an owner’s access to a seized thing.
10.33   Forfeiture of seized thing
(1)  The Minister may, by written order, declare any seized thing to be forfeited to the Crown.
(2)  The Minister may make such an order only if:
(a)  the Minister is satisfied that the continued retention of the thing in custody is not justified, and
(b)  the thing cannot be returned to its owner.
(3)  A thing cannot be returned to its owner if:
(a)  the Minister is satisfied that it is not lawful for the owner of the seized thing to have possession of the thing, or
(b)  an authorised officer certifies in writing that the authorised officer is unable to return the seized thing to its owner.
(4)  The Minister must give notice of the Minister’s intention to declare a seized thing to be forfeited to the Crown.
(5)  The notice must be given at least 21 days before the order is made.
(6)  The Minister gives notice by:
(a)  publishing the notice on the Department’s website, and
(b)  serving the notice on the apparent owner of the thing.
(7)  However, it is not necessary to serve the notice on the apparent owner of the thing if an authorised officer has certified in writing that the authorised officer is unable to return the seized thing to its owner.
Note.
 Notice of the intention to make the declaration gives the owner of the thing an opportunity to seek a court order for the return of the thing.
10.34   Dealing with forfeited things
(1)  When an order is made by the Minister declaring a seized thing to be forfeited to the Minister, the seized thing is forfeited to the Crown and becomes the property of the Crown.
(2)  The Minister may deal with the thing in any way the Minister considers appropriate.
(3)  Without limiting subsection (2), the Minister may destroy, sell or dispose of the thing or authorise its destruction, sale or disposal.