Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a police officer seizes a thing under this Part, he or she must deliver it into the custody and control of the Commissioner of Police of the Australian Federal Police.
(2) Subject to subsection ( 5), the Commissioner must:
(a) inform the Attorney - General that the thing has been so delivered; and
(b) retain the thing pending the Attorney - General's direction under subsection ( 3) about how to deal with the thing; and
(c) comply with any such direction that the Attorney - General gives.
(3) The Attorney - General may, by written notice, give the Commissioner a direction about how to deal with the thing.
(4) Without limiting the directions that may be given, a direction may require the Commissioner to send the thing to the ICC.
(5) The Attorney - General must direct the Commissioner to return the thing if:
(a) the reason for its seizure no longer exists; or
(b) it is decided that the thing is not to be used in evidence by the ICC or in respect of criminal proceedings in Australia ;
whichever first occurs, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.