QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.241Application by person for return of property seized in another State
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### sec.241 Application by person for return of property seized in another State
This section applies if property has been seized in another State under a search warrant issued under a corresponding law in reliance on the commission of a confiscation offence.
The person from whose possession the property was seized may apply to a Magistrates Court for an order—
directing that the property be returned to that person; or
directing that the person be allowed access to the property.
The applicant must give notice of the application and when and where the application will be heard to the Attorney-General and the commissioner of the police service.
The court may make the order on the conditions the court considers appropriate.
In this section—
property seized under a search warrant does not include—
property used or intended to be used in, or in connection with, the commission of an interstate confiscation offence; or
property derived by anyone from the commission of an interstate confiscation offence.
(sec.241-ssec.1) This section applies if property has been seized in another State under a search warrant issued under a corresponding law in reliance on the commission of a confiscation offence.
(sec.241-ssec.2) The person from whose possession the property was seized may apply to a Magistrates Court for an order— directing that the property be returned to that person; or directing that the person be allowed access to the property.
(sec.241-ssec.3) The applicant must give notice of the application and when and where the application will be heard to the Attorney-General and the commissioner of the police service.
(sec.241-ssec.4) The court may make the order on the conditions the court considers appropriate.
(sec.241-ssec.5) In this section— property seized under a search warrant does not include— property used or intended to be used in, or in connection with, the commission of an interstate confiscation offence; or property derived by anyone from the commission of an interstate confiscation offence.
- (a) directing that the property be returned to that person; or
- (b) directing that the person be allowed access to the property.
- (a) property used or intended to be used in, or in connection with, the commission of an interstate confiscation offence; or
- (b) property derived by anyone from the commission of an interstate confiscation offence.