Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Property must be dealt with in accordance with this section if:
(a) it has been seized under a POCA search warrant in relation to a crime within the jurisdiction of the ICC; and
(b) it is not:
(i) evidential material; or
(ii) property of a kind referred to in subparagraph 99A(a)(iv) or (v).
General rule--property to be returned after 30 days
(2) If, at the end of the period of 30 days after the day on which the property was seized:
(a) a forfeiture order in relation to the property has not been registered in a court under Part 11; and
(b) a restraining order has not been made as described in Subdivision B in respect of the property in relation to the crime within the jurisdiction of the ICC;
the responsible enforcement agency head must, unless subsection ( 3), (5) or (7) applies, arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the end of that period.
Effect of restraining orders being registered or obtained
(3) If, before the end of that period, a restraining order is made as described in Subdivision B in respect of the property in relation to the crime within the jurisdiction of the ICC, the responsible enforcement agency head :
(a) if there is in force, at the end of that period, a direction by a court that the Official Trustee take custody and control of the property--must arrange for the property to be given to the Official Trustee in accordance with the direction; or
(b) if there is in force at the end of that period an order under subsection ( 6) in relation to the property--must arrange for the property to be retained until it is dealt with in accordance with another provision of this Act or the Proceeds of Crime Act.
(4) If the property is subject to a direction of a kind referred to in paragraph ( 3)(a), the Proceeds of Crime Act applies to the property as if it were controlled property within the meaning of that Act.
Retaining property despite restraining orders
(5) If, at a time when the property is in the possession of the responsible enforcement agency head, a restraining order has been made as described in Subdivision B in respect of the property in relation to the crime within the jurisdiction of the ICC, the responsible enforcement agency head may apply to the court in which the restraining order was registered, or by which the restraining order was made, for an order that the responsible enforcement agency head retain possession of the property.
(6) If the court is satisfied that the responsible enforcement agency head requires the property to be retained to give effect to the proceeds request, the court may make an order that the responsible enforcement agency head may retain the property for so long as the property is so required.
Effect of forfeiture orders by the ICC being registered or obtained
(7) If, while the property is in the possession of the responsible enforcement agency head , a forfeiture order in respect of the property is registered in a court under Part 11, the responsible enforcement agency head must deal with the property as required by the forfeiture order.