Western Australian Current Acts

CRIMINAL AND FOUND PROPERTY DISPOSAL ACT 2006 - SECT 19

19 .         Partly prohibited property, disposal of

        (1)         If the chief officer of a prescribed agency is in possession of held property that is partly prohibited property, the chief officer must —

            (a)         if the officer knows the identity and whereabouts of a person entitled to the property and it would be lawful for the person to possess it — release it to the person;

            (b)         if the officer knows the identity and whereabouts of a person entitled to the property but it would not be lawful for the person to possess it —

                  (i)         if the person so requests and pays the officer’s costs of doing so, and it is practicable to do so — modify or treat the property so as to make possession of it by the person lawful and release it to the person; or

                  (ii)         if the person so requests — release it to a person who can lawfully possess it;

            (c)         if the officer knows the identity of a person entitled to the property but not the whereabouts —

                  (i)         if the value of the property is equal to or greater than an amount prescribed — sell it under section 33 and deal with the net proceeds under the Unclaimed Money Act 1990 as prescribed retained money; or

                  (ii)         otherwise — deal with it under paragraph (d)(ii), (iii) or (iv), as the chief officer thinks fit;

            (d)         if the officer does not know both the identity and whereabouts of a person entitled to the property, or if the property is not dealt with under paragraph (b) — do whichever of the following the chief officer thinks fit —

                  (i)         sell it under section 33 and credit the net proceeds to the Consolidated Account;

                  (ii)         if the property is of use to the agency for training or educational purposes — retain it for those purposes;

                  (iii)         if the property is of use to another government agency for training or educational purposes — give it to that agency for those purposes; or

                  (iv)         destroy it.

        (2)         If the chief officer of a prescribed agency is in possession of held property and knows the identity and whereabouts of a person entitled to the property, the chief officer must not act under subsection (1)(d) unless —

            (a)         the chief officer has given the person a written notice about the effect of subsection (1)(b) and this subsection; and

            (b)         no request that the chief officer is able to comply with has been made under subsection (1)(b) within one month, or such longer period as the chief officer may permit, after the date on which the notice is sent to the person.

        (3)         If under subsection (1), the chief officer of a prescribed agency must release property to a person, the officer may give the person a written notice that advises the person —

            (a)         that the person may collect the property from the agency;

            (b)         where and when the property may be collected; and

            (c)         that if the property is not collected within one month, or such longer period as the notice specifies, after the date on which the notice is sent to the person, the person will cease to be entitled to the property.

        (4)         If a person is given a notice under subsection (3) and does not collect the property within the period specified in the notice, the chief officer may take whichever of the courses of action in subsection (1)(d) the chief officer thinks fit.

        [Section 18 amended: No. 46 of 2009 s. 17.]