Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-5 - SEARCH AND SEIZURE  

Division 3 - Dealing with things seized  

Subdivision C - Things seized on other grounds  

SECTION 261   Effect of obtaining restraining orders  

261(1)    
If:

(a) a thing has been seized under a * search warrant, or under section 251 , on the ground that a person believes on reasonable grounds that it is * tainted property; and

(b) but for this subsection, the * responsible custodian of the thing would be required to arrange for the thing to be returned to a person as soon as practicable after the end of a particular period; and

(c) before the end of that period, a * restraining order is made covering the thing;

then:

(d) if the restraining order directs the * Official Trustee to take custody and control of the thing - the responsible custodian must arrange for the thing to be given to the Official Trustee in accordance with the restraining order; or

(e) if the court that made the restraining order has made an order under subsection (3) in relation to the thing - the responsible custodian must arrange for the thing to be kept until it is dealt with in accordance with another provision of this Act.

261(2)    
If:

(a) a thing has been seized under a * search warrant, or under section 251 , on the ground that a person believes on reasonable grounds that it is * tainted property; and

(b) a * restraining order is made in relation to the thing; and

(c) at the time when the restraining order is made, the thing is in the possession of the responsible custodian;

the * responsible custodian of the thing may apply to the court that made the restraining order for an order that the responsible custodian retain possession of the property.

261(3)    
The court may, if satisfied that there are reasonable grounds for believing that the property may afford evidence as to the commission of an offence, make an order that the responsible custodian may retain the property for so long as the property is required as evidence as to the commission of that offence.

261(4)    
A witness who is giving evidence relating to an application for an order under subsection (2) is not required to answer a question or produce a document if the court is satisfied that the answer or document may prejudice the investigation of, or the prosecution of a person for, an offence.