Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 693

693 Application by owner etc. for court order for return of relevant thing

(1) This section applies to a relevant thing—

(a) that has been in the possession of the police service for 30 days and is not returned under section 692 ; or

(b) that is described in a notice given under section 719 (4) .

(2) However, this section does not apply to a relevant thing that is forfeited to the State under an Act.

(3) A person who claims to have a legal or equitable interest in the relevant thing may apply to a magistrate for an order that the thing be returned to the person or to someone else named in the application as the person to whom the thing may be delivered (the
"nominee" ).

(4) The person must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application—

(a) the commissioner;

(b) anyone else the person reasonably believes has a legal or equitable interest in the thing.

(5) The magistrate may order that the relevant thing be returned to a person on the conditions, if any, the magistrate considers appropriate if satisfied—

(a) the person may lawfully possess the thing; and

(b) it is appropriate that the thing be returned to the person.

(6) If the magistrate proposes to order that the relevant thing be delivered to the applicant’s nominee, the magistrate must also be satisfied that the nominee may lawfully possess the thing.

(7) The magistrate must not order the return of a relevant thing to the person or the person’s nominee if the magistrate is reasonably satisfied the thing—

(a) may be evidence in a proceeding started in relation to the thing; or

(b) is a thing used in or for manufacturing a dangerous drug; or

(c) may be subject to a forfeiture proceeding, including a forfeiture proceeding relating to an interstate serious offence under the Confiscation Act .