Graffiti Prevention Act 2007

An article, thing or material which has been seized in relation to an offence against this Act must be returned to the person from whom it was seized if—

proceedings for that offence are not commenced within the period of 3 months after the seizure; or

a decision is made within that period not to bring proceedings for that offence; or

the person is found not guilty of the offence (other than not guilty because of mental impairment); or

in the case of an infringement notice served for an offence against section 7(1), the infringement notice—

is withdrawn on the ground that no further action will be taken in relation to the offence; or

is cancelled under section 25(2A)(a) of the Infringements Act 2006 or under clause 16 of Schedule 3 to the Children, Youth and Families Act 2005 and the seized article, thing or material has not been sold or destroyed.

If a seized article, thing or material is required under subsection (1) to be returned to the person from whom it was seized, notice must be given to that person of his or her right to have it returned.

For the purposes of subsection (2), the notice must be given—

if the article, thing or material was seized under section 17A by an authorised transport officer and has not been handed over to a police officer, by the person in the Department of Transport and Planning or the passenger transport or bus company, as the case may be, who is responsible for the custody of the article, thing or material; or

otherwise, by the police officer in charge of the police station at which the seized article, thing or material is kept.

A person to whom notice is given under subsection (2) may apply within 7 days after receipt of the notice for the return of the seized article, thing or material.

If an application is not made in accordance with subsection (3), the seized article, thing or material is forfeited to the Crown and may be sold or destroyed.

A person who applies in accordance with subsection (3) for the return of a seized article, thing or material must collect it from the police station at which it is kept.

If the person who applies for the return of a seized article, thing or material is under 18 years of age, the seized article, thing or material must not be returned to the person unless he or she is accompanied by his or her parent or guardian when collecting it.