Summary Offences Act 1953

A police officer may—

at any time, enter and search any premises for the purpose of ascertaining whether a suspected offence against Part 3D of the

Criminal

Law Consolidation Act 1935 (an explosives offence) is being or has been committed; and

if reasonably necessary for that purpose, break into or open any part of the premises, or anything in or on the premises; and

for the purposes of paragraph (a) or (b), require the driver of any vehicle, the master of any vessel or the pilot of any aircraft to stop that vehicle, vessel or aircraft; and

seize any property that may be intended to be used for the purpose of committing, or that may afford evidence as to the commission of, an offence (whether or not an explosives offence) to be dealt with according to law.

The

Commissioner may direct that property seized by a police officer exercising search powers under this section in relation to a suspected explosives offence (seized property) be destroyed, whether or not a person has been or is to be charged with an offence in relation to it.

Property referred to in subsection (2) may be destroyed at the place at which it was seized or at any other suitable place.

If a person is convicted of an offence in relation to property destroyed in accordance with subsection (2), the court may order the convicted person to pay the reasonable costs of destruction to the Commissioner.

If the Magistrates Court, on application by a police officer, or any court hearing proceedings for an offence relating to seized property, finds that seized property was the subject of an explosives offence, the court may, by order, forfeit the property to the Crown.

Property that is the subject of an order for forfeiture under this section may be sold, destroyed or otherwise disposed of as the Commissioner directs.

Subject to subsections (8) and (9), if seized property has not been forfeited to the Crown in proceedings commenced within the prescribed period after its seizure, a person from whose lawful possession the property was seized, or a person with legal title to it, is entitled to recover from the Commissioner (if necessary, by action in a court of competent jurisdiction) the property itself, or if it has been damaged or destroyed or has deteriorated, compensation of an amount equal to its market value at the time of its seizure.

Subsection (7) does not apply to property that has been destroyed under subsection (2).

Despite subsection (7), a court hearing proceedings under that subsection in relation to property that has not been destroyed under subsection (2) may, if it thinks fit, make an order under subsection (5) for forfeiture of the property to the Crown.

Nothing in this section affects the operation of the Criminal

Assets Confiscation Act 2005.

In this section—

premises means any land, building, structure, vehicle, vessel or aircraft;

prescribed period means 2 years or such longer period as the Magistrates Court may, on application by a police officer, allow.