Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This section applies to claimable property that has been held for evidentiary use in legal proceedings.
Note: See section 76 if the property represents a danger to public health and safety.
(2) Subject to any other law of the Commonwealth, or an order of a court, the Commissioner must ensure that the property is returned to the person entitled to lawful possession when the reason for its detention has no further effect.
Note: See, for example, the Proceeds of Crime Act 2002 .
Competing claims
(3) If there are competing claims under subsection (2):
(a) a person (including a person on behalf of the AFP) may apply to a court of a State or Territory that has jurisdiction in relation to the matter 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 a court order.
When person entitled to property cannot be located or does not want the property
(4) However, if the Commissioner is reasonably satisfied that the person entitled to lawful possession of the property cannot be located or does not want the property, the Commissioner may, as appropriate, dispose of the property by any appropriate means (including by sale or gift) or retain the property for the purposes of law enforcement.
Note 1: The Commissioner must publish a notice of a proposed sale under this section (see section 75).
Note 2: The person entitled to lawful possession of the property immediately before the sale of the property may later claim the proceeds of the sale from the Commonwealth (see section 78).