Section 19 — Environment Protection and Biodiversity Conservation Act 1999: Possession and retention of certain things obtained during a screening procedure or strip search

(1) An approved officer may take possession of and retain a thing found in the course of conducting a screening procedure under clause 16 or conducting a strip search under clause 17 if the thing: (a) might provide evidence of the commission of an offence against an environmental law, or an offence against section 6 of the Crimes Act 1914 relating to such an offence; or (b) is forfeited or forfeitable to the Commonwealth. (2) A weapon or other thing described in subclause 16(1) or 17(1) that is found in the course of conducting a screening procedure under clause 16 or a strip search under clause 17 is forfeited to the Commonwealth. (3) An approved officer must not return a thing that is forfeited or forfeitable to the Commonwealth. Instead, the approved officer must, as soon as practicable, give a thing that is forfeited under subclause (2) to a constable (within the meaning of the Crimes Act 1914). Note: See sections 450 and 451 of this Act, which deal with court-ordered forfeiture and how forfeited items are to be dealt with. (4) An approved officer must take reasonable steps to return anything that is not forfeited or forfeitable but is retained under subclause (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 approved officer takes possession of the thing ends. (5) However, the approved 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 approved officer may retain the thing because of an order under clause 21; or (b) in any case—the approved 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. Note: This clause corresponds closely to section 252C of the Migration Act 1958.