Commentary on Sections Power to search for prohibited items Section 85AD: Section 85AC: supplementary
802.Subsection (1) provides that the Police (Property) Act 1897 applies in relation to items seized. The Act enables an application to be made to a Magistrates Court for an Order that property in possession of the police be returned to its owner.
803.Subsections (2) and (3) provide that, where a person conducting a search, lawfully seizes, retains or disposes of an item seized under section 85AC, they shall not be liable for the seizure, loss or disposal, or any damage arising.
804.Subsection (4) provides that subsections (2) and (3) do not prevent a person who has seized items under section 85AC from relying on any other available defence in proceedings.
805.Subsection (5) provides that the provisions in section 85AD(1)-(4) may be made to apply in relation to any other items added to the list of ‘prohibited items’ by regulations.
806.Subsection (2) of section 244 amends section 89 of the Further and Higher Education Act 1992 to provide that regulations made under section 85AA or 85AC are subject to affirmative resolution procedure.