Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 403

403 Seizure of harmful or other thing

(1) A person authorised under this part to carry out a search (the
"searcher" ) may seize anything found during the search that the searcher reasonably suspects is—

(a) connected with, or is evidence of, the commission or intended commission of an offence against an Act; or

(b) for a search under division 2 , 3 or 4 —a harmful thing.

(2) If the searcher believes a seized thing is connected with, or is evidence of, the commission or intended commission of an offence against an Act, the searcher must give it to an authorised inspector for the Act .

(3) The seizure provisions of the Act mentioned in subsection (2) apply to the thing as if the searcher had seized it under the provisions of the Act that relate to the offence.

(4) If the authorised inspector is not reasonably satisfied the thing is evidence of the commission or intended commission of an offence against the Act , the authorised inspector must return it to the searcher who must deal with it under this section.

(5) If the searcher believes a thing seized from a patient, or a thing returned under subsection (4) , is a harmful thing, the searcher must—

(a) keep it for the patient and give it to the patient on the patient’s discharge from the authorised mental health service or public sector health service facility; or

(b) give it to someone else if the patient is able to give, and has given, agreement to do so; or

(c) if the searcher is satisfied someone else is entitled to possession of the thing—give or send it to the person; or

(d) if the searcher is satisfied it is of negligible value—dispose of it in the way the administrator of the authorised mental health service, or the person in charge of the public sector health service facility, believes appropriate.

(6) A thing seized from a visitor, and returned to the searcher under subsection (4) , is forfeited to the State if the searcher—

(a) can not find the visitor from whom it was seized, after making reasonable inquiries; or

(b) can not return it to the visitor, after making reasonable efforts.

(7) In applying subsection (6) —

(a) subsection (6) (a) does not require the searcher to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the visitor; and

(b) subsection (6) (b) does not require the searcher to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to the visitor.

(8) Regard must be had to a thing’s nature, condition and value in deciding—

(a) whether it is reasonable to make inquiries or efforts; and

(b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.

(9) In this section—

"authorised inspector" , for an Act, means a person who is authorised under the Act to perform inspection and enforcement functions.

"seizure provisions" , of an Act, means the provisions of the Act relating to the access to, and retention, disposal and forfeiture of, a thing after its seizure under the Act .