(1) A person who claims an ^* interest in a thing that has been seized under a ^* search warrant, or under section 251, on the ground that a person believes on reasonable grounds that it is ^* tainted property may apply to a court for an order that the thing be returned to the person. (2) The court must be:

(a)

if the thing was seized under a ^* search warrant—a court of the State or Territory in which the warrant was issued that has ^* proceeds jurisdiction; or

(b)

if the thing was seized under section 251—a court of the State or Territory in which the thing was seized that has proceeds jurisdiction.

(3) The court must order the ^* responsible custodian of the thing to return the thing to the applicant if the court is satisfied that:

(a)

the applicant is entitled to possession of the thing; and

(b)

the thing is not ^* tainted property in relation to the relevant offence; and

(c)

the person in respect of whose suspected commission of, or conviction for, an offence the thing was seized has no ^* interest in the thing.

(4) If the court makes such an order, the ^* responsible custodian of the thing must arrange for the thing to be returned to the applicant.