Clause 17

in the section heading, replace “is unknown” with “cannot be ascertained”;

in subsections (1) and (7), replace “is unknown” with “cannot be ascertained”;

in subsection (1), replace “has a claim to it to appear before the head of the relevant law enforcement agency and establish the person’s claim within 6 months from the date of the public notice” with “claims that the person is entitled to the property to make the person’s claim to the relevant court within 6 months from the date of the public notice, and to thereafter appear before the relevant court to establish the person’s claim”;

after subsection (1), insert —“(1A) An absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, cannot, pursuant to the notice under subsection (1), make a claim that he or she is entitled to the property unless he or she personally presents himself or herself before a law enforcement officer for the purpose of an investigation into the relevant offence.(1B) If a person establishes his or her claim in accordance with subsection (1), the relevant court must order that the property be delivered to that person; and section 371 applies to that person as if a reference in that section to the person entitled to the property mentioned in section 370 is a reference to that person.”;

delete subsection (3);

in subsection (4), replace “Despite subsection (3), if” with “If”; and

replace subsections (5) and (6) with —“(5) The relevant court must order the ownership of the property or (if sold) its net proceeds to pass to and vest in the Government absolutely if —

no person makes a claim to the property to the relevant court within 6 months from the publication of the notice mentioned in subsection (1); or

where one or more persons have made any claim to the property to the relevant court within 6 months from the publication of the notice mentioned in subsection (1), the relevant court is satisfied that none of those persons is entitled to the property.(6) Where, at the time a person establishes that the person is entitled to the property in accordance with subsection (1), the property has already been sold by the head of the relevant law enforcement agency, that person is only entitled to the net proceeds.”.

in the section heading, replace “is unknown” with “cannot be ascertained”;

in subsections (1) and (7), replace “is unknown” with “cannot be ascertained”;

in subsection (1), replace “has a claim to it to appear before the Commissioner of Police and establish the person’s claim within 6 months from the date of the public notice” with “claims that the person is entitled to the property to make the person’s claim to the relevant court within 6 months from the date of the public notice, and to thereafter appear before the relevant court to establish the person’s claim”;

after subsection (1), insert —“(1A) An absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, cannot, pursuant to the notice under subsection (1), make a claim that he or she is entitled to the property unless he or she personally presents himself or herself before a law enforcement officer for the purpose of an investigation into the relevant offence.(1B) If a person establishes his or her claim in accordance with subsection (1), the relevant court must order that the property be delivered to that person; and section 371 applies to that person as if a reference in that section to the person entitled to the property mentioned in section 370 is a reference to that person.”;

delete subsection (3);

in subsection (4), replace “Despite subsection (3), if” with “If”; and

replace subsections (5) and (6) with —“(5) The relevant court must order the ownership of the property or (if sold) its net proceeds to pass to and vest in the Government absolutely if —

no person makes a claim to the property to the relevant court within 6 months from the publication of the notice mentioned in subsection (1); or

where one or more persons have made any claim to the property to the relevant court within 6 months from the publication of the notice mentioned in subsection (1), the relevant court is satisfied that none of those persons is entitled to the property.(6) Where, at the time a person establishes that the person is entitled to the property in accordance with subsection (1), the property has already been sold by the Commissioner of Police, that person is only entitled to the net proceeds.”.

in subsection (1), replace “may direct that it be detained in police custody” with “may direct that it continue to be subject to the custody or control of the relevant law enforcement agency”;

in subsections (1), (2), (4) and (6), replace “Commissioner of Police” with “head of the relevant law enforcement agency”;

in subsection (4), replace “detained in police custody” with “subject to the custody or control of the relevant law enforcement agency”;

in subsection (7)(b)(ii), replace “keeping of it in police custody” with “custody or control of it”; and

after subsection (7), insert —“(8) In this section, “relevant law enforcement agency” means the law enforcement agency to which the law enforcement officer who makes a report under section 370(1) belongs.”.