AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 24AC Issuing officer may permit a returnable item to be retained, forfeited etc.

AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 24AC

  (1)   An issuing officer may, on application by the CEO, make an order under subsection   (2) in relation to a returnable item.

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

  (2)   The issuing officer may make any of the orders referred to in subsection   (3) if the issuing officer is satisfied that there are reasonable grounds to suspect that, if the returnable item is returned to either of the following persons, the item 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 item;

  (b)   the person from whom the item was seized, or the person who produced the item.

  (3)   The orders are as follows:

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

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

  (c)   if the item is not a document--an order that:

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

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

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

Item must be returned if issuing officer not satisfied

  (4)   The issuing officer must order that the returnable item be returned to the following person if the issuing officer is not satisfied as mentioned in subsection   (2):

  (a)   the person from whom the item was seized, or the person who produced the item;

  (b)   if the person referred to in paragraph   (a) is not entitled to possess the item--the owner of the item.

CEO to notify persons with an interest in returnable item

  (5)   Before making the application, the CEO must:

  (a)   take reasonable steps to discover who has an interest in the returnable item; and

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

Person with interest may appear and be heard

  (6)   The issuing officer must allow a person who has an interest in the returnable item to appear and be heard in determining the application.

Function conferred in personal capacity

  (7)   A function of making an order under this section is conferred on an issuing officer in a personal capacity and not as a court or a member of a court.

  (8)   An issuing officer performing a function of, or connected with, making an order under this section has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the issuing officer is a member).