Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 41

41. (1) This Division (other than section 40) applies to the issue of search
warrants in a Territory as if:

   (a)  a reference in this Division to an offence included a reference to an
        interstate indictable offence; and

   (b)  a reference in this Division to tainted property included a reference
        to property:

        (i)    used in, or in connection with, the commission of an interstate
               indictable offence; or

        (ii)   derived or realised, directly or indirectly, by any person from
               the commission of an interstate indictable offence.

(2) If property is seized under a warrant issued by virtue of subsection (1)
the following provisions have effect:

   (a)  if:

        (i)    by the end of the period of 7 days commencing on the day the
               property was seized, no person has been convicted of or charged
               with the interstate indictable offence in reliance on the
               commission of which the warrant was issued and an application
               for an interstate forfeiture order has not been made in respect
               of the property;

        (ii)   a person has been charged with and convicted of the interstate
               indictable offence but by the end of the period of 6 months
               commencing on the day on which the person is convicted an
               application for an interstate forfeiture order has not been
               made in respect of the property; or

        (iii)  a person has been charged with the
               interstate indictable offence and has been discharged or
               acquitted;
the Commissioner shall arrange for the property to be returned to the person
from whose possession it was seized;

   (b)  if a court of the State concerned makes an order:

        (i)    directing that the property be returned to the person from
               whose possession it was seized; or

        (ii)   directing that that person be allowed access to the property;
the Commissioner shall take such steps as are necessary to give effect to the
order.