Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 116V

    (1)     A police officer who has seized a thing under this part must 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, if—

        (a)     the reason for the thing's seizure no longer exists or the thing is not required to be produced in evidence in a proceeding; or

        (b)     the thing has been seized for more than 1 year, and no further period has been authorised under subsection (2).

    (2)     A police officer of or above the rank of superintendent may authorise the keeping of a seized thing for a further period, if the officer is satisfied on reasonable grounds that the thing—

        (a)     is likely to be required to be produced in evidence in a future proceeding; or

        (b)     has evidential value in relation to an ongoing inquiry.

    (3)     On application by a police officer, the Magistrates Court may approve the destruction of a seized thing or data contained in a seized thing under this part if satisfied on reasonable grounds that—

        (a)     a registrable offender is refusing to assist an executing officer or assisting officer with information or assistance in relation to data contained in the seized thing and the officer has been unable to access the data within 30 days of seizing the thing; or

        (b)     a registrable offender has been assisting an executing officer or assisting officer but the data contained in the seized thing cannot be accessed by the officer; or

        (c)     the seized thing or data contained in the seized thing contains material that is likely to constitute an offence.

    (4)     Before a seized thing is returned under subsection (1), a police officer must remove any material that possession of which would be an offence under this Act or another law.