Document ID: chunk:federal_register_of_legislation:C2018C00169:section:40:p3
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 40 (pt 3/3)
Character Range: 116003–116909

a forfeiture order in respect of the property;
 (c) the application is refused; and
 (d) at the time when the application is refused, the property is in the possession of the responsible custodian;
the responsible custodian shall arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the refusal.
 (9) Where:
 (a) property has been seized under this Division; and
 (b) while the property is in the possession of the responsible custodian, a forfeiture order is made in respect of the property;
the responsible custodian shall deal with the property as required by the order.
 (10) In this section:
responsible custodian, in relation to property seized under this Division, means:
 (a) if subsection 39(1) applies to the property—the Commissioner; or
 (b) if subsection 39(2) applies to the property—to the Chief Executive Officer of the ACC.