Proceeds of Crime Act 2002
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.
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