259Return of seized property to third parties

259 Return of seized property to third parties

(1) A person who claims an *interest in a thing that has been seized under a *search warrant, or under section 251, on the ground that a person believes on reasonable grounds that it is *tainted property may apply to a court for an order that the thing be returned to the person. (2) The court must be: (a) if the thing was seized under a *search warrant—a court of the State or Territory in which the warrant was issued that has *proceeds jurisdiction; or (b) if the thing was seized under section 251—a court of the State or Territory in which the thing was seized that has proceeds jurisdiction. (3) The court must order the *responsible custodian of the thing to return the thing to the applicant if the court is satisfied that: (a) the applicant is entitled to possession of the thing; and (b) the thing is not *tainted property in relation to the relevant offence; and (c) the person in respect of whose suspected commission of, or conviction for, an offence the thing was seized has no *interest in the thing. (4) If the court makes such an order, the *responsible custodian of the thing must arrange for the thing to be returned to the applicant.