72D—Explosives offences—special powers
(a) at
any time, enter and search any premises for the purpose of ascertaining
whether a suspected offence against Part 3D of the
Criminal Law Consolidation
Act 1935 (an "explosives offence") is being or has been committed; and
(b) if
reasonably necessary for that purpose, break into or open any part of the
premises, or anything in or on the premises; and
(c) for
the purposes of paragraph (a) or (b), require the driver of any vehicle,
the master of any vessel or the pilot of any aircraft to stop that vehicle,
vessel or aircraft; and
(d)
seize any property that may be intended to be used for the purpose of
committing, or that may afford evidence as to the commission of, an offence
(whether or not an explosives offence) to be dealt with according to law.
(2) The Commissioner
may direct that property seized by a police officer exercising search powers
under this section in relation to a suspected explosives offence
("seized property") be destroyed, whether or not a person has been or is to be
charged with an offence in relation to it.
(3) Property referred
to in subsection (2) may be destroyed at the place at which it was seized
or at any other suitable place.
(4) If a person is
convicted of an offence in relation to property destroyed in accordance with
subsection (2), the court may order the convicted person to pay the
reasonable costs of destruction to the Commissioner.
(5) If the Magistrates
Court, on application by a police officer, or any court hearing proceedings
for an offence relating to seized property, finds that seized property was the
subject of an explosives offence, the court may, by order, forfeit the
property to the Crown.
(6) Property that is
the subject of an order for forfeiture under this section may be sold,
destroyed or otherwise disposed of as the Commissioner directs.
(7) Subject to
subsections (8) and (9), if seized property has not been forfeited to the
Crown in proceedings commenced within the prescribed period after its seizure,
a person from whose lawful possession the property was seized, or a person
with legal title to it, is entitled to recover from the Commissioner (if
necessary, by action in a court of competent jurisdiction) the property
itself, or if it has been damaged or destroyed or has deteriorated,
compensation of an amount equal to its market value at the time of its
seizure.
(8)
Subsection (7) does not apply to property that has been destroyed under
subsection (2).
(9) Despite
subsection (7), a court hearing proceedings under that subsection in
relation to property that has not been destroyed under subsection (2)
may, if it thinks fit, make an order under subsection (5) for forfeiture
of the property to the Crown.
(10) Nothing in this
section affects the operation of the Criminal Assets Confiscation
Act 2005 .
(11) In this
section—
"premises" means any land, building, structure, vehicle, vessel or aircraft;
"prescribed period" means 2 years or such longer period as the Magistrates
Court may, on application by a police officer, allow.