Document ID: chunk:federal_register_of_legislation:C2025C00034:section:259
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 259
Character Range: 409998–411211

259  Return of seized property to third parties
 (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.