Application to Local Court Judge
20T Application to Local Court Judge
(1) A police officer may apply to a Local Court Judge for an order under subsection (3), (4) or (5) for a seized item.
(2) The Judge must allow the owner of the item to appear and be heard at the determination of the application.
(3) If the Judge is satisfied the item is evidence of, or relating to, a terrorist act or serious indictable offence, the Judge must order the item be retained by the police officer for the period specified in the order.
(4) If the Judge is satisfied there are reasonable grounds to suspect that, if the item is returned to the owner, the item is likely to be used in the commission of a terrorist act or serious indictable offence, the Judge may order that the item:
(a) be retained by the police officer for the period specified in the order; or
is forfeited to the Territory; or
be sold and the proceeds given to the owner; or
be otherwise sold or disposed of.
(5) If the Judge is satisfied the item poses a threat to the health or safety of persons or a threat to the environment, the magistrate may order the item be destroyed or otherwise disposed of.
(6) If the Judge is not satisfied as to the matters mentioned in subsections (3), (4) and (5), the Judge must order the item be returned to the owner.
Part 2B Preventative detention orders
Division 1 Preliminary matters
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