Application for orders declaring ownership of relevant things—Act, s 694
76 Application for orders declaring ownership of relevant things—Act, s 694
This section sets out the responsibilities of a police officer who applies under section 694(2) of the Act for an order declaring who is the owner of a relevant thing.
The police officer must include all of the following information in the application—
the officer’s name, rank, registered number and station;
the reasons why the officer is seeking the order;
a description of the relevant thing, including, for example—
the approximate value of the relevant thing; and
if the police officer reasonably believes a person has a legal or equitable interest in the relevant thing—the nature of the interest; and
whether the relevant thing may be needed as evidence in a proceeding; and
if the relevant thing may be needed as evidence in a proceeding for an offence—the offence; and
if the relevant thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding;
if the relevant thing was seized by the police officer—the circumstances in which the thing was seized, including, for example, if the relevant thing was seized under a search warrant;
other information or evidence, in the possession of the officer, that may assist the magistrate hearing the application to decide the application.
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