Retention of things seized
77 Retention of things seized
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.
Subject to subsection (5), the Commissioner must:
inform the Attorney‑General that the thing has been so delivered; and
retain the thing pending the Attorney‑General’s direction under subsection (3) about how to deal with the thing; and
comply with any such direction that the Attorney‑General gives.
The Attorney‑General may, by written notice, give the Commissioner a direction about how to deal with the thing.
Without limiting the directions that may be given, a direction may require the Commissioner to send the thing to a Tribunal.
The Attorney‑General must direct the Commissioner to return the thing if:
the reason for its seizure no longer exists; or
it is decided that the thing is not to be used in evidence by a Tribunal or in respect of criminal proceedings in Australia;
unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.
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