CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 185
CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 185
185—Return of seized material to third parties
(1) A person who
claims an interest in material liable to seizure under this Act that has been
seized under a search warrant, or under Subdivision 3, on the ground that it
is suspected of being tainted property may apply to a court for an order that
the material be returned to the person.
(2) A court must order
the responsible custodian of the material to return the material to the
applicant if the court is satisfied that—
(a) the
applicant is entitled to possession of the material; and
(b) the
material is not tainted property in relation to the relevant serious offence;
and
(c) the
person in respect of whose suspected commission of, or conviction for, a
serious offence the material was seized has no interest in the material.
(3) If the court makes
an order under subsection (2), the responsible custodian of the material
must arrange for the material to be returned to the applicant.