Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p30
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 70629–73158

person's knowledge, departs in a material particular from the form authorised by the issuing officer; or

     (c) purport to execute, or present to a person, a document that purports to be a form of warrant under that section that the person knows:

        (i) has not been approved by an issuing officer under that section; or

        (ii) to depart in a material particular from the terms authorised by an issuing officer under that section; or

     (d) give to an issuing officer a form of warrant under that section that is not the form of warrant that the person purported to execute.

Penalty: Imprisonment for 2 years.

Retention of things which are seized

"3ZV.(1) Subject to any contrary order of a court, if a constable seizes a thing under this Part, the constable must return it if:

     (a) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or

  (b) if the thing was seized under section 3T:

        (i) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or

        (ii) the period of 60 days after its seizure ends;

     whichever first occurs;

unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

"(2) If a thing is seized under section 3T, at the end of the 60 days specified in subsection (1) the constable must take reasonable steps to return the thing to the person from whom it was seized or to the owner if that person is not entitled to possess it unless:

     (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or

     (b) the constable may retain the thing because of an order under section 3ZW; or

     (c) the constable is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the thing.

Court of summary jurisdiction may permit a thing to be retained

  "3ZW.(1) If a thing is seized under section 3T, and:

  (a) before the end of 60 days after the seizure; or

    (b) before the end of a period previously specified in an order of a court under this section;

proceedings in respect of which the thing may afford evidence have not commenced, the constable may apply to a court of summary jurisdiction for an order that he or she may retain the thing for a further period.

"(2) If the