Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 3UF

Seizure notice to be served

             (1)  A police officer who is for the time being responsible for a thing seized under section 3UE must, within 7 days after the day on which the thing was seized, serve a seizure notice on:

                     (a)  the owner of the thing; or

                     (b)  if the owner of the thing cannot be identified after reasonable inquiries--the person from whom the thing was seized.

             (2)  Subsection (1) does not apply if:

                     (a)  both:

                              (i)  the owner of the thing cannot be identified after reasonable inquiries; and

                             (ii)  the thing was not seized from a person; or

                     (b)  it is not possible to serve the person required to be served under subsection (1).

             (3)  A seizure notice must:

                     (a)  identify the thing; and

                     (b)  state the date on which the thing was seized; and

                     (c)  state the ground or grounds on which the thing was seized; and

                     (d)  state that, if the owner does not request the return of the thing within 90 days after the date of the notice, the thing is forfeited to the Commonwealth.

Return of thing seized

             (4)  The owner of a thing seized under section 3UE may request the return of the thing.

             (5)  A police officer who is for the time being responsible for a thing seized under section 3UE must return the thing to its owner if:

                     (a)  the owner requests the return of the thing; and

                     (b)  neither subsection (6) nor (7) applies.

             (6)  This subsection applies if the police officer suspects, on reasonable grounds that, if the thing is returned to the owner, the thing is likely to be used by the owner or another person in the commission of a terrorist act or serious offence.

             (7)  This subsection applies if the thing is evidence of, or relating to, a terrorist act or serious offence.

Forfeiture of thing seized

             (8)  A thing is forfeited to the Commonwealth if the owner of the thing does not request its return:

                     (a)  before the end of the 90th day after the date of the seizure notice in relation to the thing; or

                     (b)  if subsection (2) applied in relation to the thing so that a seizure notice was not served--before the end of the 90th day after the day on which the thing was seized.

Application to magistrate

             (9)  If:

                     (a)  the owner of a thing requests the return of the thing:

                              (i)  within 90 days after the date of the seizure notice in relation to the thing; or

                             (ii)  if subsection (2) applied in relation to the thing so that a seizure notice was not served--within 90 days after the day on which the thing was seized; and

                     (b)  the thing has not been returned to the owner by the end of the 90th day;

the police officer who is for the time being responsible for the thing must, before the end of the 95th day:

                     (c)  return the thing to the owner; or

                     (d)  apply to a magistrate for an order under section 3UG.