MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34ZD Return of seized property to third parties

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34ZD

  (1)   A person who claims an interest in property that has been seized under a POCA search warrant in relation to a foreign serious offence may apply to a court for an order that the property be returned to the person.

  (2)   The court must be a court of the State or Territory in which the POCA search warrant was issued that has proceeds jurisdiction.

  (3)   The court must order the responsible enforcement agency head to return the property to the applicant if the court is satisfied that:

  (a)   the applicant is entitled to possession of the property; and

  (b)   the property is not tainted property of the relevant foreign serious offence; and

  (c)   the person who is believed or alleged to have committed the relevant foreign serious offence has no interest in the property.

  (4)   If the court makes such an order, the responsible enforcement agency head must arrange for the property to be returned to the applicant.

  (5)   This section does not apply to property that has been seized under a POCA search warrant because:

  (a)   it is evidential material; or

  (b)   it is property of a kind referred to in subparagraph   34ZCA(a)(iv) or (v).