Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If, in the case of
a thing (other than a prohibited drug, prohibited plant or dangerous
substance) which is seized or acquired and detained under section 26 a
justice of the peace is satisfied, on the application of a police officer or
approved person, that there are reasonable grounds to suspect that that thing
is a thing referred to in section 23(1)(a), (b) or (c), the justice of
the peace may grant to the police officer or approved person a holding order
authorising the continued detention of that thing until, the investigation of
the case concerned having been completed, that thing is dealt with under
subsection (3).
(2) A police officer
or approved person to whom a holding order has been granted shall, if it is
practicable to do so, forthwith serve or cause to be served a copy of the
holding order, together with a notice setting out the substance of
subsection (3), on any person claiming to have a financial or other
interest in the thing to which the holding order relates (in this section
called the claimant ).
(3) If, in the case of
a thing to which a holding order relates —
(a) no
person is tried with the commission of an offence in relation thereto, a
police officer shall apply to a justice of the peace for an order in respect
of that thing and the justice of the peace; or
(b) a
person is tried with the commission of an offence in relation thereto, the
court which so tries the person,
may, after having
given the claimant an opportunity to show cause why that thing should be
released to him, order that that thing —
(c) be
released to the claimant;
(d) be
destroyed; or
(e) be
forfeited to the Crown,
or make such other
order as the justice of the case requires.
[Section 28 amended by No. 50 of 1990
s. 7; No. 44 of 1995 s. 10; No. 24 of 2000 s. 27.]