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 259   Return of seized property to third parties  

259(1)    
A person who claims an * interest in a thing that 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 may apply to a court for an order that the thing be returned to the person.

259(2)    
The court must be:

(a) if the thing was seized under a * search warrant - a court of the State or Territory in which the warrant was issued that has * proceeds jurisdiction; or

(b) if the thing was seized under section 251 - a court of the State or Territory in which the thing was seized that has proceeds jurisdiction.

259(3)    
The court must order the * responsible custodian of the thing to return the thing to the applicant if the court is satisfied that:

(a) the applicant is entitled to possession of the thing; and

(b) the thing is not * tainted property in relation to the relevant offence; and

(c) the person in respect of whose suspected commission of, or conviction for, an offence the thing was seized has no * interest in the thing.

259(4)    
If the court makes such an order, the * responsible custodian of the thing must arrange for the thing to be returned to the applicant.