Western Australian Current Acts

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30 .         Retaining something seized but not forfeited

        (1)         This section applies to anything seized under this Act that —

            (a)         is not forfeited to the Crown; and

            (b)         a court has not ordered to be delivered to a person under section 31(1)(b) or 32(6).

        (2)         A police officer may retain anything to which this section applies if —

            (a)         it is required —

                  (i)         for the investigation of an offence or the prosecution of someone for an offence; or

                  (ii)         for the purposes of a matter that is being dealt with by a juvenile justice team;


            (b)         no person has satisfied the Commissioner that the person is lawfully entitled to possess it.

        (3)         Anything to which this section applies that cannot be retained under subsection (2) is to be returned to the person from whom it was seized.

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