New South Wales Consolidated Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1996 - SECT 32M

32M Directions by court for restoration of goods

(1) A court that, in any criminal proceedings--

(a) finds that any goods have been stolen or that possession of any goods has been taken unlawfully, and

(b) believes that the goods are in the possession of a licensee,

must, unless it is satisfied in a particular case that there is good reason why such a direction should not be given, by order direct the Commissioner of Police or a police officer specified in the direction to take the goods into police custody.

(2) It is the duty of the Commissioner of Police or police officer concerned to comply with the direction without delay.

(3) Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to the goods of which possession is taken in compliance with the direction of a court under this section.

(4) The power conferred on a court by this section is in addition to any other power or discretion vested in it.

Note : Section 43 of the Criminal Procedure Act 1986 also empowers courts to order restoration of property in criminal proceedings.