South Australian Numbered Acts

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CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 186

186—Return of seized material if applications are not made for restraining orders or forfeiture orders

        (1)         If—

            (a)         material liable to seizure under this Act has been seized under a search warrant, or under Subdivision 3, on the ground that a person believes on reasonable grounds that it is tainted property; and

            (b)         at the time when the material was seized, an application had not been made for a restraining order or a forfeiture order that would cover the material; and

            (c)         such an application is not made during the period of 25 days after the day on which the material was seized,

the responsible custodian of the material must arrange for the material to be returned to the person from whose possession it was seized as soon as practicable after the end of that period.

        (2)         However, this section does not apply to material to which section 187 applies.



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