Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:2_34zd
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 2 cl 34ZD
Character Range: 68818–70060

34ZD  Return of seized property to third parties

 (1) A person who claims an interest in property (other than a property‑tracking document) that has been seized under a search warrant issued under Part 3‑5 of the Proceeds of Crime Act 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 warrant was issued that has proceeds jurisdiction.

 (3) The court must order the head of the authorised officer's enforcement agency 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 proceeds or an instrument 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 head of the authorised officer's enforcement agency must arrange for the property to be returned to the applicant.

 (5) This section does not apply to property that has been seized because it may afford evidence as to the commission of an Australian criminal offence.