Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 113

113 Application for order in relation to seized things

(1) Within 30 days after a commission officer seizes anything under this chapter (other than section 165 ), the officer must apply to a magistrate for an order under section 114 about the thing seized, unless—

(a) a proceeding has been started in which the thing may be relevant; or

(b) consent to the continued keeping of the thing has been given by the owner or the person who had lawful possession of the thing before it was seized; or

(c) it is destroyed or dealt with under the authority of another Act; or

(d) an order has been made about the thing under section 156 (4) .

(2) The commission officer must also make an application to a magistrate for an order under section 114 about the thing seized within 30 days after either of the following happens—

(a) a proceeding started about the thing is discontinued without any order being made in relation to the thing;

(b) the consent of the owner of the thing or the person who had lawful possession of the thing before it was seized is withdrawn.

(3) An application under subsection (1) or (2) must be accompanied by any warrant under which the thing is seized, with a record on it under section 339 .