Crimes Legislation Amendment Act 2011 (2 of 2011)

Schedule 3   Amendment of the Crimes Act 1914

Part 2   Amendments relating to retention etc. of things seized and documents produced

Crimes Act 1914

39   Section 3ZQZB

Repeal the section, substitute:

3ZQZB Magistrate may permit a thing seized or document produced under this Part to be retained, forfeited etc.

(1) A magistrate may, on application by the Commissioner, make an order under subsection (2) or (3) in relation to a thing seized or a document produced under this Part.

Use for purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings

(2) The magistrate may order that a thing seized under Division 3 or 3A be retained for the period specified in the order if the magistrate is satisfied that the thing is being used, or is required to be used, for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings.

Preventing use in committing terrorist act, terrorism offence or serious offence

(3) The magistrate may make any of the orders referred to in subsection (4) if the magistrate is satisfied that there are reasonable grounds to suspect that, if a thing seized or document produced under this Part is returned to any of the following persons, it is likely to be used by that person or another person in the commission of a terrorist act, a terrorism offence or a serious offence:

(a) the owner of the thing or document;

(b) in the case of a thing - the person from whom the thing was seized;

(c) in the case of a document - the person who produced the document.

(4) The orders are as follows:

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

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

(c) for a thing that is not a document - 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 or document is to be destroyed or otherwise disposed of.

Thing or document must be returned if magistrate not satisfied

(5) The magistrate must order that a thing or document be returned to the following person if the magistrate is not satisfied as mentioned in subsection (2) or (3):

(a) in the case of a thing - the person from whom the thing was seized;

(b) in the case of a document - the person who produced the document;

(c) if the person referred to in paragraph (a) or (b) is not entitled to possess the thing or document - the owner of the thing or document.

Persons with an interest in thing or document

(6) Before making an application under this section in relation to a thing or document, the Commissioner must:

(a) take reasonable steps to discover who has an interest in the thing or document; and

(b) if it is practicable to do so, notify each person who the Commissioner believes to have such an interest of the proposed application.

(7) The magistrate must allow a person who has an interest in the thing or document to appear and be heard in determining the application.

Special rule for things seized under Division 3

(8) The Commissioner may only make an application under this section in relation to a thing seized under Division 3 if the application is made:

(a) before the end of 60 days after the seizure; or

(b) before the end of a period previously specified in an order in relation to the thing under this section.