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SEX OFFENDERS REGISTRATION ACT 2004 - SECT 66ZE Chief Commissioner of Police may apply for disposal order

SEX OFFENDERS REGISTRATION ACT 2004 - SECT 66ZE

Chief Commissioner of Police may apply for disposal order

    (1)     The Chief Commissioner of Police may apply to the Magistrates' Court for an order that a thing seized under section 66Y may be destroyed or disposed of.

    (2)     A copy of an application under subsection (1) must be served on the following persons as soon as practicable—

        (a)     the registrable offender; and

        (b)     if the Chief Commissioner believes that the registrable offender is not the owner of the thing, any other person who the Chief Commissioner of Police believes to be the owner of the seized thing.

    (3)     On an application under this section, the Magistrates' Court may order—

        (a)     that the seized thing be forfeited to the Crown and destroyed or disposed of in accordance with the order; or

        (b)     that the thing be returned to the owner.

    (4)     The Magistrates' Court may order that the seized thing be forfeited to the Crown and destroyed or disposed of in accordance with the order if satisfied on the balance of probabilities that—

        (a)     if the thing was seized under section 66Y(a), the Chief Commissioner of Police is authorised to retain the thing under section 66ZB(a)(i) or (ii); and

        (b)     the thing is no longer reasonably required for the purposes of an investigation of or a proceeding for an offence against this Act or any other Act; and

        (c)     the thing is not subject to forfeiture, destruction or disposal under any other Act.

    (5)     If the Magistrates' Court orders that the seized thing be disposed of by sale, the Court may order that the proceeds of the sale be paid to the owner of the thing.

    (6)     The Magistrates' Court may order that the seized thing be returned to the owner if satisfied on the balance of probabilities that—

        (a)     the Chief Commissioner of Police is not authorised to retain the thing under section 6ZB(a); and

        (b)     the thing is not subject to forfeiture, destruction or disposal under any other

Act.

    (7)     An order under subsection (4) or (6) does not take effect until—

        (a)     the day that is 30 days after the day on which the order was made; or

        (b)     if an appeal is made before the expiry of the period referred to in paragraph (a), the appeal is determined.

S. 66ZF inserted by No. 21/2016 s. 8.