New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 212

212 Application for return of seized dangerous articles or confiscated dangerous implements

(cf Summary Offences Act 1988 , s 28C)

(1) The person from whom a dangerous article or dangerous implement is seized or confiscated or its owner may, within 28 days after it is seized or confiscated, apply to the Police Area Commander or Police District Commander in the area or district in which it was seized or confiscated for its return.

(2) An application for the return of the article or implement must be in writing and state why the article or implement should in all the circumstances be returned.

(3) If the person seeking the return of the article or implement is under the age of 18 years, the application for its return may be made only by a parent or guardian of the person, or a person who has lawful care or custody of the person, on his or her behalf.

(4) The Police Area Commander or Police District Commander is not required to return an article or implement if--

(a) proceedings have been commenced against the person in respect of the article or implement and the proceedings have not been withdrawn or finally determined by the person's having been found not guilty of the offence, or

(b) the person making the application, or on whose behalf an application is made, is the subject of a firearms prohibition order under the Firearms Act 1996 , or

(c) possession of the article or implement would otherwise constitute an offence.