Power of court to order delivery of certain property
39 Power of court to order delivery of certain property
If property—
has come into the custody or possession of a public officer—
in connection with any charge or prosecution; or
otherwise in the course of their duty; or
has come into the possession of a Magistrates Court or clerk of the court, whether as an exhibit or otherwise, in connection with a summary proceeding under this Act;
the Magistrates Court may, on application by a public officer or the clerk of the court or by a claimant of the property—
make an order for the delivery of the property to the person who appears to be its owner; or
if the owner cannot be ascertained—make such order in relation to the property as the court considers appropriate.
Subject to subsection (3), the order does not prevent a person from recovering the property by action from the person to whom the property is delivered under the order.
An action for the recovery of the property may only be brought within 6 months after the making of the order.
A regulation may make provision with respect to disposal of property mentioned in subsection (1) if—
the owner has not been ascertained; and
an order of a court of competent jurisdiction has not been made for the disposal of the property.
The regulation may authorise the sale of the property and the application of the proceeds of sale.
In this section—public officer—
in relation to a complaint of an offence against the Criminal Code, section 242 or 468, includes an RSPCA inspector; and
other than in relation to a thing seized by a police officer that is in the possession of the Crime and Corruption Commission, does not include a police officer.
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