Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:1a_19
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 1A cl 19
Character Range: 35441–37670

19  Possession and retention of certain things obtained during a screening procedure or strip search

 (1) An authorised officer may take possession of and retain a thing found in the course of conducting a screening procedure under clause 16 or conducting a strip search under clause 17 if the thing:
 (a) might provide evidence of the commission of an offence against this Act; or
 (b) is forfeited or forfeitable to the Commonwealth.

 (2) A weapon or other thing described in subclause 16(1) or 17(1) that is found in the course of conducting a screening procedure under clause 16 or a strip search under clause 17 is forfeited to the Commonwealth.

 (3) An authorised officer must not return a thing that is forfeited or forfeitable to the Commonwealth. Instead, the authorised officer must, as soon as practicable, give a thing that is forfeited under subclause (2) to a constable (within the meaning of the Crimes Act 1914).

Note: Subdivision C of Division 6 of Part 6 of this Act sets out the procedure for dealing with things seized as being forfeited under section 106A.

 (4) An authorised officer must take reasonable steps to return anything that is not forfeited or forfeitable but is retained under subclause (1) to the person from whom it was taken, or to the owner if that person is not entitled to possess it, if one of the following happens:
 (a) it is decided that the thing is not to be used in evidence;
 (b) the period of 60 days after the authorised officer takes possession of the thing ends.

 (5) However, the authorised officer does not have to take those steps if:
 (a) in a paragraph (4)(b) case:
 (i) proceedings in respect of which the thing might provide evidence have been instituted before the end of the 60 day period and have not been completed (including an appeal to a court in relation to those proceedings); or
 (ii) the authorised officer may retain the thing because of an order under clause 21; or
 (b) in any case—the authorised officer is otherwise authorised (by a law, or an order of a court or a tribunal, of the Commonwealth or a State or Territory) to retain, destroy or dispose of the thing.

Note: This clause corresponds closely to section 252C of the Migration Act 1958.