Commonwealth Consolidated Acts Commonwealth Consolidated ActsSeizure notice to be served
(1) A police officer who is for the time being responsible for a thing seized under section 14K must, within 7 days after the seizure day, serve a seizure notice on:
(a) the owner of the thing; or
(b) if the owner of the thing cannot be identified after reasonable inquiries--the person from whom the thing was seized.
(2) Subsection (1) does not apply if:
(a) both:
(i) the owner of the thing cannot be identified after reasonable inquiries; and
(ii) the thing was not seized from a person; or
(b) it is not possible to serve the person required to be served under subsection (1).
(3) A seizure notice must:
(a) identify the thing; and
(b) state the date on which the thing was seized; and
(c) state the ground or grounds on which the thing was seized; and
(d) state that, if the owner does not request the return of the thing within 90 days after the date of the notice, the thing is forfeited to the Commonwealth.
Return of thing seized
(4) The owner of a thing seized under section 14K may request the return of the thing.
(5) A police officer who is for the time being responsible for a thing seized under section 14K must return the thing to its owner if:
(a) the owner requests the return of the thing; and
(b) in the case of a thing seized under subsection 14K(1)--the police officer does not suspect on reasonable grounds that, if the thing is returned to the owner, the thing is likely to cause, or is likely to be used by the owner or another to cause:
(i) substantial damage to a place or thing in respect of which the Australian Federal Police is performing protective service functions; or
(ii) death or serious harm to a person in respect of whom the Australian Federal Police is performing protective service functions;
in circumstances that would be likely to involve the commission of a protective service offence; and
(c) in the case of a thing seized under subsection 14K(2)--the police officer does not suspect on reasonable grounds that, if the thing is returned to the owner, the thing is likely to be used by the owner or another to cause death or serious harm to a person:
(i) in respect of whom the Australian Federal Police is performing protective service functions; or
(ii) who is in a place, or in the vicinity of a person, place or thing, in respect of which the Australian Federal Police is performing protective service functions.
Forfeiture of thing seized
(6) A thing is forfeited to the Commonwealth if the owner of the thing does not request its return:
(a) before the end of the 90th day after the date of the seizure notice in relation to the thing; or
(b) if subsection (2) applied in relation to the thing so that a seizure notice was not served--before the end of the 90th day after the seizure day.
Application to magistrate
(7) If:
(a) the owner of a thing requests the return of the thing:
(i) within 90 days after the date of the seizure notice in relation to the thing; or
(ii) if subsection (2) applied in relation to the thing so that a seizure notice was not served--within 90 days after the seizure day; and
(b) the thing has not been returned to the owner by the end of the 90th day;
the police officer who is for the time being responsible for the thing must, before the end of the 95th day:
(c) return the thing to the owner; or
(d) apply to a magistrate for an order under section 14M.
(8) In this section:
"seizure day" means:
(a) in relation to a thing seized by a designated person who is a protective service officer--the day on which the thing was delivered into the custody of a police officer under subsection 14K(3); or
(b) in relation to a thing seized by a designated person who is a member or a special member--the day on which the thing was seized.