Police Powers and Responsibilities Act 2000

This section applies to a relevant thing if the commissioner is satisfied—

the thing has been used in the commission of an offence; or

it is necessary to retain the thing to prevent it being used in the commission of an offence; or

possession of the thing is an offence unless authorised, justified or excused by law.

The commissioner may order the forfeiture to the State of the relevant thing.

However, the commissioner may order the forfeiture of the relevant thing only if the commissioner is satisfied reasonable steps have been taken to give, a notice under subsection (4).

The notice—

must be—

given, in writing, to the owner of the thing, if the name and address of the owner is known; or

if the name and address of the owner is not known, given to the person who appeared to have possession of the thing before it was seized; or

otherwise, published on the police service website; and

must describe the relevant thing and state—

that the thing may be forfeited to the State; and

that an application may be made to a magistrate under section 693 for an order for the return of the thing; and

that, if an application is not made to a magistrate within 28 days after the notice is given, the commissioner may order that the thing be forfeited to the State.

Subsection (3) does not apply if the cost of giving the notice is more than the value of the relevant thing.

If the person applies under section 693 to a magistrate, the commissioner may not order the forfeiture of the relevant thing, unless the magistrate refuses to order the delivery of the thing to the applicant or the application is withdrawn, whichever happens first.