29Return of claimable property

#### 29 Return of claimable property (1) This regulation applies to property, including liquid property, lawfully held by the AFP, except property that: (a) is owned or is held, under any other rights to possession, by the AFP; or (b) has been seized by the AFP; or (c) is held for evidentiary use in legal proceedings. (2) Property may be claimed: (a) before it is presented for auction or is otherwise disposed of—by the person entitled to possession of the property; or (b) if there is a finder of the property—by the finder, only if: (i) the person entitled to possession has not claimed it within 3 months after the date it came into the custody of the AFP; and (ii) the claim is made within 1 month of the end of the period mentioned in subparagraph (i). (3) Before releasing the property to a person claiming entitlement (or to the person’s authorised agent), the Commissioner must be satisfied that the person has a valid entitlement. (4) If there are competing claims under subregulation (2), the AFP will respond to a claim that is supported by a court order identifying the claimant as the person entitled to the property. (5) On the application of any person (including the AFP), a court may make an order that any property to which subregulation (4) applies be returned to the person entitled to possession. (6) If property is released to a person in accordance with this regulation, any other person who has an interest in the property has no right of action against the AFP in relation to that interest. (7) Liquid property that is unclaimed becomes public money within the meaning of the Financial Management and Accountability Act 1997. > Note: See the Financial Management and Accountability Act 1997 for how public money is dealt with.