Australian Capital Territory Numbered Regulations

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CUSTODIAL ESCORTS REGULATIONS 2002 (2002 NO 11) - REG 7

Safekeeping of things seized

    (1)     If an escort seizes an item during a search, the escort must—

        (a)     if the escort considers the item to be a prohibited weapon or prohibited article or anything that may be required to be used as evidence in proceedings—as soon as possible give the weapon, article or thing to a police officer; or

        (b)     if the escort considers the item to be perishable or contaminated or if the escort reasonably believes the item would pose a risk to the health or safety of a person—as soon as possible, after obtaining the consent of the administrator, destroy the item or dispose of it; or

        (c)     when the person ceases to be in the custody of the escort—return the item to the person from whom it was seized, or a person nominated by that person.

    (2)     The administrator may consent to the destruction or disposal of perishable items or items the administrator has reasonable grounds to believe would pose a risk to the health or safety of any person.

    (3)     In this regulation:

"prohibited article"—see the Prohibited Weapons Act 1996 , section 3 (1).

"prohibited weapon"—see the Prohibited Weapons Act 1996 , section 3 (1)



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