Mental Health (Secure Facilities) Act 2016

A thing seized under this part is forfeited to the Territory if the director‑general decides on reasonable grounds—

that—

after making reasonable inquiries (given the thing’s apparent value), the owner of the thing cannot be found; or

after making reasonable efforts (given the thing’s apparent value), the thing cannot be returned to the owner; or

that—

possession of the thing by a patient is an offence; or

it is necessary to keep the thing to stop it being used for the commission of an offence; or

the thing is inherently unsafe.

The director‑general may deal with a thing forfeited to the Territory under this section, or dispose of it, as the director‑general considers on reasonable grounds to be appropriate.

However, subsection (2) is subject to any order under the Crimes Act 1900, section 249 (Seizure of forfeited articles).

Examples—s (2)

1 giving a forfeited weapon to a police officer

2 keeping a forfeited electrical appliance and using it for the benefit of patients generally

3 dumping a forfeited thing of little value

Note 1 The Crimes Act 1900 also provides for articles forfeited under any law in force in the ACT to be seized by a member of the police force, taken before the Magistrates Court and for the court to order disposal of the article by the public trustee (see that Act, s 249 and s 250).

Note 2 The Uncollected Goods Act 1996 provides generally for the disposal of uncollected goods, including goods abandoned on premises controlled by the Territory.