Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An authorised officer may take possession of and retain a thing found in the course of conducting a screening procedure under section 252AA or conducting a strip search under section 252A if the thing:
(a) might provide evidence of the commission of an offence against this Act; or
(b) is forfeited or forfeitable to the Commonwealth.
(2) A weapon or other thing described in subsection 252AA(1) or 252A(1) that is found in the course of conducting a screening procedure under section 252AA or a strip search under section 252A is forfeited to the Commonwealth.
(3) An authorised officer must not return a thing that is forfeited or forfeitable to the Commonwealth. Instead, the authorised officer must, as soon as practicable, give the thing to a constable (within the meaning of the Crimes Act 1914 ).
(4) An authorised officer must take reasonable steps to return any other thing retained under subsection (1) to the person from whom it was taken, or to the owner if that person is not entitled to possess it, if one of the following happens:
(a) it is decided that the thing is not to be used in evidence;
(b) the period of 60 days after the authorised officer takes possession of the thing ends.
(5) However, the authorised officer does not have to take those steps if:
(a) in a paragraph (4)(b) case:
(i) proceedings in respect of which the thing might provide evidence have been instituted before the end of the 60 day period and have not been completed (including an appeal to a court in relation to those proceedings); or
(ii) the authorised officer may retain the thing because of an order under section 252E; or
(b) in any case--the authorised officer is otherwise authorised (by a law, or an order of a court or a tribunal, of the Commonwealth or a State or Territory) to retain, destroy or dispose of the thing.