New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 78

78 Ministerial arrangements for things seized in connection with extra-territorial offences

(cf Search Warrants Act 1985 , s 24A)

(1) In this section--

"appropriate authority" means--

(a) in relation to another State or a Territory (other than the Australian Capital Territory)--an authority exercising, in relation to the Police Force of that State or Territory, functions corresponding to those of the Commissioner in relation to the NSW Police Force, or

(b) in relation to the Australian Capital Territory--the Commissioner of the Australian Federal Police.

(2) The Minister may enter into arrangements with a Minister of another State or a Territory under which--

(a) things seized under this Act that may be relevant to the investigation of an offence against the law of that other State or Territory--

(i) are to be transmitted to the appropriate authority in that State or Territory for the purposes of the investigation of, or proceedings in respect of, that offence, and

(ii) when no longer required for the purposes of any such investigation or proceedings, are (unless disposed of by order or direction of a court or Magistrate) to be returned to the Commissioner of Police, and

(b) things seized under the law of that other State or Territory that may be relevant to the investigation of an offence against the law of this State--

(i) are to be transmitted to the Commissioner of Police, and

(ii) when no longer required for the purposes of the investigation of an offence, or proceedings in respect of an offence, are (unless disposed of by order or direction of a court or Magistrate) to be returned to the appropriate authority in the State or Territory in which they were seized.

(3) This section has effect despite Division 2 of Part 17.