Document ID: chunk:federal_register_of_legislation:C2018C00169:section:40:p1
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 40 (pt 1/3)
Character Range: 111206–113812

40  Return of seized property
 (1) Where property has been seized under this Division (otherwise than because it may afford evidence of the commission of an offence), a person who claims an interest in the property may apply to the relevant Supreme Court for an order that the property be returned to the person.
 (2) Where a person makes an application under subsection (1) and the court is satisfied that:
 (a) the person is entitled to possession of the property;
 (b) the property is not tainted property in relation to the relevant offence; and
 (c) the person in respect of whose conviction, charging or proposed charging the seizure of the property was made has no interest in the property;
the court shall order the responsible custodian to return the property to the person and where such an order is made the responsible custodian shall arrange for the property to be returned to the person.
 (3) Where:
 (a) property has been seized under this Division (otherwise than because it may afford evidence as to the commission of an offence);
 (b) at the time when the property was seized, an information had not been laid in respect of a relevant offence; and
 (c) at the end of the period of 48 hours after the time when the property was seized, an information has not been laid in respect of a relevant offence;
the responsible custodian shall, subject to subsections (5) and (6), 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.
 (4) Where:
 (a) property has been seized under this Division (otherwise than because it may afford evidence as to the commission of an offence);
 (b) either of the following conditions is satisfied:
 (i) before the property was seized, a person had been convicted of a relevant offence or an information had been laid in respect of a relevant offence;
 (ii) before the property was seized, an information had not been laid in respect of a relevant offence, but an information was laid in respect of a relevant offence within 48 hours after the time when the property was seized; and
 (c) no forfeiture order has been made against the property within the period of 14 days after the property was seized;
the responsible custodian shall, subject to subsections (5) and (6), 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.
 (5) Where:
 (a) property has been seized under this Division (otherwise than because it may afford evidence as to the commission of an offence);
 (b) but for