Document ID: chunk:federal_register_of_legislation:F2018L01121:reg:76
Version: federal_register_of_legislation:F2018L01121
Segment Type: reg
Provision Reference: reg 76
Character Range: 75882–78065

76  Immediate disposal of property on the grounds of public health and safety or offensive nature
 (1) Despite sections 71 and 73, the Commissioner may direct immediate disposal (except by sale or gift) of property (whether or not claimable property) that the Commissioner is reasonably satisfied is property that:
 (a) represents a danger to public health and safety; or
 (b) is offensive in nature.

Giving notice of disposal of property
 (2) Subject to subsection (4), as soon as practicable, and before the end of 7 days after disposing of the property, the Commissioner must give or publish a notice in writing that:
 (a) identifies the property; and
 (b) states the manner by which the goods came into the possession of the AFP including, if the property was seized, the reason for the seizure; and
 (c) states that the property has been dealt with under subsection (1) and specify the manner in which the property has been dealt with and the reasons for doing so; and
 (d) sets out the terms of section 77.
 (3) The notice must be served:
 (a) personally, or by post, on the owner of the property; or
 (b) if the owner cannot be identified after reasonable inquiry and the property was seized—on the person in whose possession or under whose control the property was when it was seized; or
 (c) if a person mentioned in paragraph (a) or (b) cannot be identified with reasonable inquiry—by publishing a copy of the notice on the AFP website or in a newspaper circulating in the location:
 (i) if the property was not seized—in which the property came into the possession of the AFP; or
 (ii) if the property was seized—in which the property was seized.

When a notice is not required
 (4) A notice is not required to be given or published if the Commissioner is reasonably satisfied that the giving or publishing of the notice may prejudice an ongoing investigation or legal proceedings under a law of the Commonwealth, a State or a Territory.

No right of action
 (5) No person who has an interest in property before the disposal of the property has a right of action against the Commonwealth in relation to the interest after the property is disposed of under this section.