Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This section applies to claimable property:
(a) that has been found; and
(b) that is not held for evidentiary use in legal proceedings.
Note 1: For the return or disposal of property held for evidentiary use in legal proceedings, see section 73.
Note 2: See also section 76 if the property represents a danger to public health and safety.
Who may claim property
(2) The claimable property may, before it is presented for sale or is otherwise disposed of, be claimed by:
(a) the person entitled to lawful possession of the property; or
(b) a person who found the property, but only if the person who is entitled to lawful possession has not claimed it within 3 months after the day it came into the custody of the AFP.
Releasing property
(3) Before releasing the property to a person claiming entitlement (or to the person's authorised agent), the Commissioner must be satisfied that the person has a valid entitlement to the lawful possession of the property.
Competing claims
(4) If there are competing claims under subsection (2):
(a) a person (including a person on behalf of the AFP) may apply to a court for an order that the person is entitled to possession of the property; and
(b) on receiving such an application, the court may make such an order; and
(c) the AFP must respond to any claim that is supported by such an order.
(5) No person has any right of action against the AFP in relation to an interest in property that is released to a person in accordance with this section.
Giving notice of refusal to release property
(6) If:
(a) the Commissioner does not release claimable property to a person claiming entitlement to the property (or to the person's authorised agent) because the Commissioner is:
(i) satisfied of a matter mentioned in subparagraph (b)(ii) of the definition of claimable property in section 5; or
(ii) not satisfied of a matter mentioned in subsection (3) of this section; and
(b) the property is not to be dealt with under section 76 (which deals with the immediate disposal of property);
the Commissioner must notify the person, in writing, of the decision not to release the property.
Note: For property that will be dealt with under section 76, see the notice requirements under subsections 76(2) to (4).
(7) A notice under subsection (6) must include:
(a) the reasons for the decision not to release the property; and
(b) information about how the property will be dealt with; and
(c) information about how the person can claim compensation in respect of the property.