Document ID: chunk:federal_register_of_legislation:F2008C00189:body:0:p7
Version: federal_register_of_legislation:F2008C00189
Segment Type: other
Provision Reference: 
Character Range: 14661–17255

Magistrate on application, the thing must be returned to the person from whom it was seized or (if that person is not entitled to possess it) to its owner.

 (2) If:
 (a) a thing is seized under this Ordinance; and
 (b) proceedings for an offence for which the thing may be evidence are begun within the period referred to in paragraph (1) (b);
the thing may be retained until the proceedings (including an appeal to a court in relation to those proceedings) are completed.

 (3) The Minister may authorise the release of a thing referred to in subsection (2) to its owner or to the person from whom it was seized, either:
 (a) unconditionally; or
 (b) on reasonable conditions, which may include conditions as to giving security for payment of its value if it is forfeited.

 (4) If, in proceedings for an offence before a court:
 (a) the defendant is the owner of a thing seized under this Ordinance; and
 (b) the offence is proved;
the court may order the forfeiture of the thing to the Commonwealth.

 (5) In considering whether it is appropriate to make an order referred to in subsection (4) in respect of a thing, the court may have regard to:
 (a) any hardship that may reasonably be expected to be caused to a person by the operation of the order; and
 (b) the use that is ordinarily made, or was intended to be made, of the thing.

Part 3 Arrest and summons

10 Arrest without warrant

  A special constable, with such assistance as is necessary and reasonable and if necessary and reasonable by force, may arrest a person without a warrant to arrest, if there are reasonable grounds to believe:
 (a) that the person is committing, or has committed, an offence; and
 (b) that proceeding against the person by summons in respect of the offence would not achieve 1 or more of the following purposes:
 (i) to ensure the appearance of the person before a court in respect of the offence;
 (ii) to prevent the continuation or a repetition of the offence or another offence;
 (iii) to prevent the concealment, loss or destruction of evidence relating to that offence;
 (iv) to prevent the harassment or intimidation of, or interference with, a person who may be required to give evidence in proceedings for the offence;
 (v) to prevent the fabrication of evidence to be given or produced in proceedings for the offence;
 (vi) to preserve the safety or welfare of a person.

11 Application for warrant to arrest

  If there are reasonable grounds to believe that:
 (a) a person is committing, or has committed, an offence; and
 (b) that proceeding against the person by summons would not