Document ID: chunk:federal_register_of_legislation:C2018C00169:section:42:p2
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 42 (pt 2/3)
Character Range: 121254–123846

entitled to possession of the property;
 (b) the property is not tainted property in relation to 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;
the court shall order the Commissioner to return the property to the person and where such an order is made the Commissioner shall arrange for the property to be returned to the person.
 (5) Where:
 (a) property has been seized under a warrant issued under section 36 in respect of a foreign serious offence; and
 (b) at the end of the period of 30 days after the day on which the property was seized:
 (i) neither a foreign restraining order, nor a foreign forfeiture order, in relation to the property has been registered in a court in Australia under the Mutual Assistance Act; and
 (ii) a restraining order has not been made under this Act in respect of the property in relation to the foreign serious offence;
the Commissioner shall, subject to subsections (6) and (7), arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the end of that period.
 (6) Where:
 (a) property has been seized under a warrant issued under section 36 in respect of a foreign serious offence;
 (b) but for this subsection, the Commissioner would be required to arrange for the property to be returned to the person as soon as practicable after the end of a particular period; and
 (c) before the end of that period:
 (i) a foreign restraining order in relation to the property is registered in a court in Australia under the Mutual Assistance Act; or
 (ii) a restraining order is made under this Act in respect of the property in relation to the foreign serious offence;
the following provisions have effect:
 (d) if there is in force, at the end of that period, a direction by a court that the Official Trustee take custody and control of the property—the Commissioner shall arrange for the property to be given to the Official Trustee in accordance with the direction;
 (e) if there is in force at the end of that period an order under subsection (7) in relation to the property—the Commissioner shall arrange for the property to be kept until it is dealt with in accordance with another provision of this Act.
 (7) Where:
 (a) property has been seized pursuant to a warrant issued under section 36 in respect of a foreign serious offence;
 (b) either:
 (i) a foreign restraining order in respect of the property has been registered in an Australian court under the Mutual