Document ID: chunk:federal_register_of_legislation:C2004A01213:clause:1_18d:p2
Version: federal_register_of_legislation:C2004A01213
Segment Type: clause
Provision Reference: sch 1 cl 18D (pt 2/2)
Character Range: 12321–13612

is performing functions under this Act; or
 (ii) who is in a place, or in the vicinity of a person, place or thing, in respect of which the Protective Service is performing functions under this Act.

 (6) A thing is forfeited to the Commonwealth if the owner of the thing does not request its return:
 (a) before the end of the 90th day after the date of the seizure notice in relation to the thing; or
 (b) if subsection (2) applied in relation to the thing so that a seizure notice was not served—before the end of the 90th day after the day on which the thing was delivered into the custody of a police officer under subsection 18C(3).

 (7) If:
 (a) the owner of a thing requests the return of the thing:
 (i) within 90 days after the date of the seizure notice in relation to the thing; or
 (ii) if subsection (2) applied in relation to the thing so that a seizure notice was not served—within 90 days after the day on which the thing was delivered into the custody of a police officer under subsection 18C(3); and
 (b) the thing has not been returned to the owner by the end of the 90th day;
the police officer who is for the time being responsible for the thing must, before the end of the 95th day:
 (c) return the thing to the owner; or
 (d) apply to a magistrate under section 18E.