Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 587

    (1)     A thing seized under section 583 is forfeited to the Territory if—

        (a)     after making reasonable efforts (given the thing's apparent value), the operating entity for the intensive therapy place is satisfied that—

              (i)     the owner of the thing cannot be found; or

              (ii)     the thing cannot be returned to the owner; or

        (b)     the operating entity for the intensive therapy place is satisfied that—

              (i)     possession of the thing by the child or young person is an offence; or

              (ii)     it is necessary to keep the thing to stop it being used for the commission of an offence; or

              (iii)     the thing is inherently unsafe.

    (2)     The operating entity may deal with a thing forfeited to the Territory under this section, or dispose of it, as the operating entity considers appropriate.

Examples

1     giving a forfeited weapon to the director-general

2     disposing of a forfeited thing of little value

    (3)     However, subsection (2) is subject to any order under the Crimes Act 1900

, section 249 (Seizure of forfeited articles).

Note 1     The Crimes Act 1900

also provides for articles forfeited under any law in force in the Territory to be seized by a member of the police force, taken before the Magistrates Court and for the court to order disposal of the article by the public trustee and guardian (see s 249 and s 250).

Note 2     The Uncollected Goods Act 1996

provides generally for the disposal of uncollected goods, including goods abandoned on premises controlled by the Territory.