CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 3A - Powers in relation to terrorist acts and terrorism offences  

Subdivision B - Powers  

SECTION 3UF   Seizure notices  

(1)   Seizure notice to be served.  

A police officer who is for the time being responsible for a thing seized under section 3UE or 3UEA 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.

(4)  
(Repealed by No 4 of 2010)

(5)  
(Repealed by No 4 of 2010)

(6)  
(Repealed by No 4 of 2010)

(7)  
(Repealed by No 4 of 2010)

(8)   Forfeiture of thing seized.  

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.

(9)  
(Repealed by No 4 of 2010)


 

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