39HApplication for return of seized document

39H Application for return of seized document (1) For the purposes of section 39G(2)(c), an application for the return of a document seized under this Part may be made to the Magistrates' Court by— (a) the person from whom it was seized; or (b) a person who claims to be the owner. (2) A person who makes an application under subsection (1) must serve a copy of the application on the Commission. (3) The Commission is entitled to appear before the Magistrates' Court and be heard in relation to an application under subsection (1). (4) The Magistrates' Court may make an order for the return of the document to the person from whom it was seized or, if that person is not entitled to possess it, to the owner, if the Court is satisfied that— (a) the document is not required (or is no longer required) for the purpose for which it was seized; and (b) the continued retention of the document is not necessary to prevent the document being used in a way that would justify its seizure under section 39E(c). S. 39I inserted by No. 41/2021 s. 5.