Forfeiture or disposal of seized articles
13A Forfeiture or disposal of seized articles
Any article seized either before or after the commencement of the Disorderly Houses (Amendment) Act 1943 in any disorderly house by a member of the Police Force in pursuance of powers conferred on the member by section 10 shall be forfeited to the Crown.
Any person claiming to be the owner of any article seized by a member of the Police Force so authorised by a search warrant under section 13 may—
if such seizure was made before the commencement of the Disorderly Houses (Amendment) Act 1943, within twenty-one days after such commencement, or
if such seizure was made after such commencement, within twenty-one days of such seizure,
make application to a Judge of the Local Court for the return to the person of such article.
The Judge of the Local Court shall inquire into the matter and if it appears to the judge that at the time of the seizure any of the conditions mentioned in section 3 obtained on the premises where the seizure was made, the judge shall order the forfeiture of such article, to the Crown.
If it appears to the judge that at the time of the seizure any of the conditions mentioned in section 3 did not obtain on such premises, the judge may order that the article so seized be handed over to the owner or occupier of such premises or to such other person as may appear to the judge to be the rightful owner.
Any person who makes application to a judge under subsection (2) shall, at least seven days prior to the hearing of such application, serve on a Superintendent or Inspector of Police a notice in writing of such application.
Where, in respect of any article seized by a member of the Police Force so authorised by a search warrant under section 13, no application is made under subsection (2) within the time prescribed by that subsection such article shall be forfeited to the Crown.
In this section—
article means any liquor, drug, drinking glass, vessel, container or device or any weapon or explosive.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.