Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COURT SECURITY ACT 2013 - SECT 48A

Disposal of dangerous items after 6 months

  (1)   The administrative head of a court on whose court premises a dangerous item was given up on request under section   16 or seized under section   16 or 27 may dispose of the item if:

  (a)   at least 6 months has passed since the item was given up or seized; and

  (b)   the item has not been returned, or given to a police officer, under that section.

  (2)   If the operation of subsection   (1) would result in an acquisition of property (within the meaning of paragraph   51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

  (3)   If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback