Criminal Code Act 1899

When anything is seized or taken under the provisions of this Code, the person seizing or taking it is required forthwith to carry it before a justice.

The justice may cause the thing so seized or taken to be detained in such custody as the justice may direct, taking reasonable care for its preservation, until the conclusion of any investigation that may be held with respect to it; and, if any person is committed for trial for any offence committed with respect to the thing so seized or taken, or committed under such circumstances that the thing so seized or taken is likely to afford evidence at the trial, the justice may cause it to be further detained in like manner for the purpose of being produced in evidence at such trial.

If no person is so committed, the justice is required to direct that the thing be returned to the person from whom it was taken, unless the justice is authorised or required by law to dispose of it otherwise.

If the thing so seized or taken is anything forged or counterfeit, or is of such a nature that a person who has it in the person’s possession without lawful authority or excuse is guilty of an offence, then, if any person is committed for trial for any offence committed with respect to it or committed under such circumstances as aforesaid and is convicted, the court before which the person is convicted, or, in any other case, any justice, may cause it to be defaced or destroyed.

If the thing so seized or taken is of such a nature that a person who has it in his or her possession, knowing its nature and without lawful authority or excuse, is guilty of an offence, then, as soon as it appears that it will not be required, or further required, in evidence against the person who had it in his or her possession, it is to be delivered to the Treasurer, or some person authorised by the Treasurer to receive it.