Criminal Code 2002

This section applies if—

property is lawfully in the custody of a police officer; and

a person is charged with theft or a related offence in relation to the property; and

the person charged—

cannot be found; or

is convicted, discharged or acquitted in relation to the charge.

A magistrate may—

make an order for the property to be given to the person who appears to be the owner of the property; or

if there is no-one who appears to be the owner—make any order in relation to the property that the magistrate considers just.

An order under this section does not prevent anyone from recovering the property from the person to whom the property is given under the order if a proceeding for the recovery is begun within 6 months after the day the order is made.

In this section: