Crimes Act 1914

Part IAAA - Delayed notification search warrants  

Division 5 - Using, sharing and returning things seized  

Subdivision B - Returning things seized  

SECTION 3ZZEC   Eligible issuing officer may permit a thing seized to be retained, forfeited etc.  

(1)    
An eligible issuing officer may, on application by an eligible officer of an eligible agency, make any of the orders referred to in subsection (2) in relation to a thing seized under this Part if the eligible issuing officer is satisfied that there are reasonable grounds to suspect that, if the thing is returned to the owner of the thing, or the person from whom the thing was seized, it is likely to be used by that person or another person in the commission of:

(a) a terrorist act or a terrorism offence; or

(b) a serious offence (within the meaning of Part IAA ).

(2)    
The orders are as follows:

(a) an order that the thing may be retained for the period specified in the order;

(b) an order that the thing is forfeited to the Commonwealth;

(c) an order that:

(i) the thing be sold and the proceeds given to the owner of the thing; or

(ii) the thing be sold in some other way;

(d) an order that the thing is to be destroyed or otherwise disposed of.

(3)    
If the eligible issuing officer is not satisfied as mentioned in subsection (1), the eligible issuing officer must order that the thing be returned to:

(a) the person from whom the thing was seized; or

(b) if that person is not entitled to possess the thing - the owner of the thing.