Corrections Regulations 2019

For the purposes of section 104DE of the Act, an officer in charge of a police gaol must deal with an article or substance seized under Part 9A of the Act in accordance with this regulation.

If the article or substance may be required as evidence of an offence, the officer in charge of a police gaol must direct that the article or substance be retained.

If the article or substance has been forfeited, or may otherwise be disposed of under law, the officer in charge of a police gaol must direct that the article or substance be disposed of in a manner allowed by law.

Subject to subregulation (5), if subregulation (2) or (3) does not apply, an officer in charge of a police gaol must direct that the article or substance be—

returned to the person from whom it was seized; or

returned to the owner of the article or substance if reasonably practicable in the circumstances and the officer in charge forms the reasonable belief that the person from whom the article or substance was seized is not entitled at law to possess it; or

stored as part of the property of the detained person from whom the article or substance was seized.

If subregulation (2) or (3) does not apply and the article or substance was seized by a police custody officer under section 104DB(2) of the Act from a person who is being transported to, or supervised at, a place other than a police gaol, the officer in charge of a police gaol who is informed under section 104DB(3) of the Act must direct that the article or substance be—

returned to the person from whom it was seized; or

returned to the owner of the article or substance if reasonably practicable in the circumstances and the officer in charge forms the reasonable belief that the person from whom the article or substance was seized is not entitled at law to possess it; or

stored at that place as part of the property of the person from whom the article or substance was seized.