Corrective Services Act 2006

A thing seized under section 46, 47, 48 or 138 is forfeited to the State if the chief executive decides to forfeit the thing because the chief executive—

can not find its owner after making reasonable inquiries, given the thing’s apparent value; or

is unable, after making reasonable efforts, to return it to its owner; or

reasonably believes—

possession of the thing by a prisoner is an offence or a breach of discipline; or

it is necessary to keep the thing to stop it being used to commit an offence; or

the thing is inherently unsafe.

If the chief executive decides to forfeit a thing because of subsection (1)(c), the chief executive must, by written notice, tell the owner of the thing of the decision and reasons for the decision.

Subsection (2) does not apply if the chief executive can not find the owner of the thing after making reasonable inquiries, given the thing’s apparent value.

For this section, regard must be had to the thing’s condition, nature and value in deciding—

whether it is reasonable to make efforts or inquiries; and

if efforts or inquiries are made—what efforts or inquiries, including the period over which they are made, are reasonable.

A thing forfeited under this section—

becomes the State’s property; and

may be dealt with by the chief executive as the chief executive considers appropriate, including, for example, by—

keeping the thing and applying it for the benefit of prisoners generally; or

donating the thing to a registered charity; or

destroying it.

However, the chief executive must not deal with the thing, unless it is perishable, before the later of the following happens—

28 days elapses after the notice required under subsection (2) was given;

if, within the 28 days mentioned in paragraph (a), an application is made under the Justices Act 1886, section 39 in relation to the property—the application, and any appeal against the application, is decided.

Note—The Justices Act 1886, section 39 deals with the power of a Magistrates Court to order delivery of certain property.