465CCourt may make direction

465C Court may make direction

S. 465C(1) amended by No. 37/2014 s. 10(Sch. item 36.42).

(1) On an application under section 465B, if the Court is satisfied on reasonable grounds that the thing seized under the warrant issued under section 465 is tainted property within the meaning of the Confiscation Act 1997, the Court may direct that the thing be held or retained by the police officer or other person named in the warrant as if it were tainted property seized under a warrant under section 79 of that Act.

(2) A direction under this section takes effect on and from the date that the thing is no longer required for evidentiary purposes under this Act.

(3) In determining whether the thing which is the subject of the application is in fact tainted property within the meaning of the Confiscation Act 1997, the Court may require the applicant to provide any information that the Court considers necessary.

(4) The power of the Court under this section is in addition to its powers under section 78 of the Magistrates' Court Act 1989 in relation to seized property.

S. 465D inserted by No. 63/2003 s. 44.