Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-5 - SEARCH AND SEIZURE  

Division 3 - Dealing with things seized  

Subdivision B - Things seized as evidence  

SECTION 256   Returning seized things  

256(1)    
If:

(a) a thing is seized under a * search warrant or under section 251 ; and

(b) it is seized on the ground that a person believes on reasonable grounds that it is:

(i) * evidential material; or

(ii) evidential material (within the meaning of the Crimes Act 1914 ) relating to an * indictable offence; or

(iii) a *thing relevant to unexplained wealth proceedings; and

(c) either:

(i) the reason for the thing's seizure no longer exists or it is decided that the thing is not to be used in evidence; or

(ii) if the thing was seized under section 251 - the period of 60 days after the thing's seizure ends;

the * authorised officer responsible for executing the warrant, or who seized the thing under section 251 , must take reasonable steps to return the thing to the person from whom it was seized or to the owner if that person is not entitled to possess it.

256(2)    
However, the * authorised officer does not have to take those steps if:

(a) in a subparagraph (1)(c)(ii) case:

(i) proceedings in respect of which the thing might afford evidence have been instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or

(ii) there is an order in force under section 258 (retaining things for a further period); or

(b) in any case - the authorised officer is otherwise authorised (by a law, or an order of a court, of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory) to retain, destroy or dispose of the thing; or

(c) in any case - the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.