Part 6—Search, seizure and powers of arrest
Division 5—General
140 Retention of things seized
(1) If a police officer seizes a thing under this Part, he or she must deliver it into the custody and control of the Commissioner of Police of the Australian Federal Police.
(2) Subject to subsection (5), the Commissioner must:
(a) inform the Attorney General that the thing has been so delivered; and
(b) retain the thing pending the Attorney General’s direction under subsection (3) about how to deal with the thing; and
(c) comply with any such direction that the Attorney General gives.
(3) The Attorney General may, by written notice, give the Commissioner a direction about how to deal with the thing.
(4) Without limiting the directions that may be given, a direction may require the Commissioner to send the thing to the ICC.
(5) The Attorney General must direct the Commissioner to return the thing if:
(a) the reason for its seizure no longer exists; or
(b) it is decided that the thing is not to be used in evidence by the ICC or in respect of criminal proceedings in Australia;
whichever first occurs, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.
141 Magistrate may permit a thing to be retained
(1) If a thing is seized under section 140 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 magistrate under this section;
proceedings in respect of which the thing may afford evidence have not commenced, the Commissioner of Police of the Australian Federal Police may apply to a magistrate for an order that he or she may retain the thing for a further period.
(2) If the magistrate is satisfied that it is necessary for the Commissioner to continue to retain the thing:
(a) for the purposes of an investigation as to whether an offence has been committed; or
(b) to enable evidence of an offence to be secured for the purposes of a prosecution;
the magistrate may order that the Commissioner may retain the thing for a period specified in the order.
(3) Before making the application, the Commissioner must:
(a) take reasonable steps to discover who has an interest in the retention of the thing; and
(b) if it is practicable to do so, notify each person who the Commissioner believes has such an interest that the application has been made.
National procedures for execution of cooperation request
Search and seizure
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