Document ID: chunk:federal_register_of_legislation:C2024C00709:section:48a
Version: federal_register_of_legislation:C2024C00709
Segment Type: section
Provision Reference: s 48A
Character Range: 54822–55800

48A  Disposal of dangerous items after 6 months
 (1) The administrative head of a court on whose court premises a dangerous item was given up on request under section 16 or seized under section 16 or 27 may dispose of the item if:
 (a) at least 6 months has passed since the item was given up or seized; and
 (b) the item has not been returned, or given to a police officer, under that section.
 (2) If the operation of subsection (1) would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
 (3) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.