Australian Capital Territory Current Acts

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

    (1)     This section applies if—

        (a)     a police officer is required to return a thing under section 116V or another territory law, but the officer cannot locate the person from whom it was seized or the owner after taking reasonable steps having regard to—

              (i)     the estimated value of the thing; and

              (ii)     whether the thing can be easily replaced; and

              (iii)     the period of time that police have been in possession of the thing; and

              (iv)     the resources likely to be required to locate the person; and

              (v)     whether the thing has sentimental value to the person; and

        (b)     an application for disallowance of the seizure under section 116W has not been made, or has been refused or withdrawn before a decision in relation to the application had been made.

    (2)     The seized thing—

        (a)     is forfeited to the Territory; and

        (b)     may be sold, destroyed or otherwise disposed of.

    (3)     However, a police officer must attempt to sell the thing before destroying or disposing of it, unless—

        (a)     possession of the thing would be an offence; or

        (b)     it would be dangerous or unsafe for a person to possess the thing; or

        (c)     selling the thing would likely require more resources than destroying or disposing of it.

    (4)     The police officer may recover the costs of carrying out the sale from the proceeds of the sale.

    (5)     If the seized thing is a computer, data may be removed and destroyed before the computer is sold, destroyed or otherwise disposed of.

    (6)     The Minister may, in writing, authorise the chief police officer to keep a forfeited item without selling, destroying or otherwise disposing of it.