Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Procedures applying to seized or produced materials

149: Disposal of things seized or produced

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"What happens to things taken by police"

Illustration for Search and Surveillance Act 2012

When something is taken from you under a production order or seized under a search warrant, it must be dealt with in a certain way. You can find out what happens to these things by looking at this subpart, but there are some exceptions. This subpart does not apply to some things, like cash seized under section 123B of this Act, or things dealt with under section 13, subpart 5, or other laws.

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Part 4General provisions in relation to search, surveillance, and inspection powers
Procedures applying to seized or produced materials

149Disposal of things seized or produced

  1. If any thing is produced under a production order or is seized under a search warrant or under a search power conferred by this Act or an enactment specified in column 2 of Schedule 2 to which this section applies, it must be dealt with in accordance with this subpart.

  2. However, this subpart is subject to—

  3. section 13 (which deals with property taken from people locked up in Police custody); and
    1. subpart 5 of this Part (which relates to privilege and confidentiality); and
      1. any other enactment.
        1. This subpart does not apply to cash seized under section 123B of this Act.

        Notes
        • Section 149(1): amended, on , by section 27(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
        • Section 149(3): inserted, on , by section 35 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).