Document ID: chunk:federal_register_of_legislation:C2018C00169:section:40:p2
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 40 (pt 2/3)
Character Range: 113587–116248

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 this subsection, the responsible custodian would be required to arrange for the property to be returned to a person as soon as practicable after the end of a particular period; and
 (c) before the end of that period, a restraining order is made in relation to the property;
the following provisions have effect:
 (d) if the restraining order directs the Official Trustee to take custody and control of the property—the responsible custodian shall arrange for the property to be given to the Official Trustee in accordance with the restraining order;
 (e) if the court that made the restraining order has made an order under subsection (6) in relation to the property—the responsible custodian shall arrange for the property to be kept until it is dealt with in accordance with another provision of this Act.
 (6) Where:
 (a) property has been seized under this Division (otherwise than because it may afford evidence as to the commission of an offence);
 (b) a restraining order is made in relation to the property; and
 (c) at the time when the restraining order is made, the property is in the possession of the responsible custodian;
the responsible custodian may apply to the court that made the restraining order for an order that the responsible custodian retain possession of the property and the court may, if satisfied that there are reasonable grounds for believing that the property may afford evidence as to the commission of a relevant offence or any other offence, make an order that the responsible custodian may retain the property for so long as the property is so required as evidence as to the commission of that offence.
 (7) Where the responsible custodian applies to a court for an order under subsection (6), a witness shall not be required to answer a question or to produce a document if the court is satisfied that the answering of the question or the production of the document may prejudice the investigation of, or the prosecution of a person for, an offence.
 (8) Where:
 (a) property has been seized under this Division (otherwise than because it may afford evidence as to the commission of an offence);
 (b) an application is made for a restraining order or 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