Power to seize and detain things
21U Power to seize and detain things
S. 21U(1) amended by Nos 37/2014 s. 10(Sch. item 167.50(a)(i)), 32/2018 s. 59.
A police officer or protective services officer may, in connection with a search under this Division, seize and detain—
S. 21U(1)(a) amended by Nos 37/2014 s. 10(Sch. item 167.50(a)(ii)), 32/2018 s. 59.
all or part of a thing (including a vehicle) that the police officer or protective services officer suspects on reasonable grounds may be used, or may have been used, to commit a terrorist act; or
S. 21U(1)(b) amended by Nos 37/2014 s. 10(Sch. item 167.50(a)(ii)), 32/2018 s. 59.
all or part of a thing (including a vehicle) that the police officer or protective services officer suspects on reasonable grounds may provide evidence of the commission of a serious indictable offence (whether or not related to a terrorist act).
A power conferred by this section to seize and detain a thing includes—
a power to remove a thing from the place where it is found; and
a power to guard the thing in or at the place where it is found.
S. 21U(3) amended by Nos 37/2014 s. 10(Sch. item 167.50(b)), 32/2018 s. 59.
A police officer or protective services officer who has seized and detained a thing under this section must take reasonable steps to return the thing to the person from whom it was seized if—
that person may lawfully possess the thing; and
the thing is no longer required for investigative or evidentiary purposes in relation to an offence.
A thing seized or detained under this section that is—
no longer required for investigative or evidentiary purposes in relation to an offence; and
not required under subsection (3) to be returned to the person from whom it was seized—
is forfeited to the Crown and may be disposed of in any manner that the Chief Commissioner thinks fit.
S. 21V (Heading) amended by Nos 37/2014 s. 10(Sch. item 167.51), 32/2018 s. 60(1).
S. 21V inserted by No. 5/2006 s. 5, amended by Nos 37/2014 s. 10(Sch. item 167.52), 32/2018 s. 60(2).
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