Independent Commission Against Corruption Act 2012

A retention order under section 31—

must be in the form of a written notice given to the owner or person apparently in control of the thing to which the order relates; and

may be varied or discharged by further such written notice.

If a retention order is issued, a person who, knowing of the order, removes or interferes with the thing to which the order relates without the approval of the Commissioner or an investigator before the thing is dealt with under this section or the retention order discharged is guilty of an offence.

Subject to this section, if any thing has been made the subject of a retention order under section 31, the following provisions apply:

if proceedings are not instituted for an offence relating to the thing within the designated period after the issuing of the retention order, the retention order is taken to have been discharged on the expiration of the designated period;

if proceedings for an offence relating to the thing are instituted within the designated period after the issuing of the retention order, the court dealing with the proceedings may order that it be forfeited to the Crown (but if no such order is made, the retention order is taken to have been discharged);

if the Commissioner or an investigator subsequently determines that the thing should be seized, an investigator may, without warrant, enter and search and, if necessary, use reasonable force to break into or open—

the place at which, or vehicle in which, the thing is reasonably suspected to be located; or

part of, or anything in or on, a place at which, or vehicle in which, the thing is reasonably suspected to be located, and may seize and retain the thing (and section 31(8) and (9) apply to the exercise of such powers as if the powers were being exercised pursuant to a warrant under that section).

If any thing has been seized under section 31 or under subsection (3)(c), the following provisions apply:

the thing must be held pending proceedings for an offence relating to the thing seized, unless the Commissioner, on application, authorises its release to the person from whom it was seized, or to a person who had legal title to it at the time of its seizure, subject to such conditions as the Commissioner thinks fit;

if proceedings for an offence relating to the thing are instituted, the court dealing with the proceedings may order—

that it be forfeited to the Crown; or

that a person to whom it was released under paragraph (a) or the defendant pay to the Attorney‑General an amount equal to its market value at the time of its seizure as the court thinks fit; or

that it be released to any person.

In this section—