Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 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.

  (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.

  (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.

  (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.