Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 244

    (1)     If a knife is seized under section 193, the person from whom it was seized or, if that person is under 16 years of age, his or her parent or guardian is entitled to have the knife returned if—

        (a)     a prosecution for an offence against section 382 in respect of that knife has not been commenced before the end of 60 days after the seizure; or

        (b)     a prosecution for an offence against section 382 in respect of that knife has been commenced before the end of 60 days after the seizure and the prosecution (and any appeal to a court in relation to that prosecution) has been completed without the knife having been forfeited under section 248.

    (2)     Subject to any contrary order of a court, if a police officer seizes a thing under division 10.2, 10.3 or 10.4, the police officer shall return it if—

        (a)     the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or

        (b)     if the thing was seized under section 207 (Stopping, searching and detaining people) or section 209 (Stopping, searching and detaining conveyances)—

              (i)     the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or

              (ii)     the period of 60 days after its seizure ends;

whichever first occurs;

unless the thing is forfeited or forfeitable to the Territory or is the subject of a dispute as to ownership.

    (3)     If a thing is seized under section 207 (Stopping, searching and detaining people) or section 209 (Stopping, searching and detaining conveyances), at the end of the 60 days specified in subsection (1) the police officer shall take reasonable steps to return the thing to the person from whom it was seized or to the owner if that person is not entitled to possess it unless—

        (a)     proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or

        (b)     the police officer may retain the thing because of an order under section 245; or

        (c)     the police officer is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of the Territory) to retain, destroy or dispose of the thing.