CRIMES ACT 1914

Part IA - General  

SECTION 9   Seizure and condemnation of forfeitable goods  

(1)  
Any constable may, without warrant, seize any articles which are forfeited or which he or she has reasonable ground to believe are forfeited under any law of the Commonwealth, and take them before a court of summary jurisdiction.

(2)  
Where articles are taken before a court of summary jurisdiction under subsection (1), the court shall inquire into the matter and:


(a) if the court is satisfied that the articles are forfeited - shall order that the articles be condemned; or


(b) if the court is not so satisfied - shall order that the articles be delivered to such person as the court is satisfied is entitled to the articles.

(2A)  
A court of summary jurisdiction may, before inquiring into a matter under subsection (2), require notice of the inquiry to be given to such persons as the court thinks fit.

(3)  
Where any prosecution is pending, an order for the condemnation or the delivery to any persons of any articles relating thereto shall not be made until the prosecution is determined.

(4)  
All articles that are condemned as forfeited must be transferred to the Official Trustee to be dealt with under section 9A .


 

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