Document ID: chunk:federal_register_of_legislation:C2018C00493:section:40as
Version: federal_register_of_legislation:C2018C00493
Segment Type: section
Provision Reference: s 40AS
Character Range: 80349–81501

40AS  Return of seized property to third parties
 (1) A person who claims an interest in property that has been seized under a POCA search warrant in relation to a Tribunal 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 POCA search warrant was issued that has proceeds jurisdiction.
 (3) The court must order the responsible enforcement agency head 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 of the relevant Tribunal offence; and
 (c) the person who is believed or alleged to have committed the relevant Tribunal offence has no interest in the property.
 (4) If the court makes such an order, the responsible enforcement agency head must arrange for the property to be returned to the applicant.
 (5) This section does not apply to property that has been seized under a POCA search warrant because:
 (a) it is evidential material; or
 (b) it is property of a kind referred to in subparagraph 40AR(a)(iv) or (v).