Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 118

118 Application by owner etc. for return of things

(1) This section applies to a thing that has been in the possession of the commission for at least 30 days.

(2) A person who claims to have a legal or equitable interest in the thing may apply to a magistrate for an order that the thing be delivered to the person.

(3) The person must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application—

(a) the chairperson;

(b) anyone else the person reasonably believes has a legal or equitable interest in the thing.

(4) The magistrate may order that the thing be delivered to a person on any conditions the magistrate considers appropriate if satisfied—

(a) the person may lawfully possess the thing; and

(b) it is appropriate that the thing be delivered to the person.

(5) However, the magistrate must not order the delivery of a thing to the person if the magistrate is reasonably satisfied the thing—

(a) may be evidence in a proceeding started in relation to the thing; or

(b) is a thing used in or for manufacturing a dangerous drug; or

(c) may be subject to a forfeiture proceeding, including a forfeiture proceeding relating to an interstate serious offence under the Confiscation Act .