PROCEEDS OF CRIME ACT 1987 - SECT 41 Issue of search warrants by Territory courts in relation to interstate indictable offences

PROCEEDS OF CRIME ACT 1987 - SECT 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.