New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 41

41 Return of certain seized property

(1) If--

(a) property has been seized pursuant to a search warrant issued under this Division, and

(b) at the time when the property was seized, a restraining order or other order under this Act affecting an interest in the property had not been applied for or granted, and

(c) before the expiration of 7 days after the property was seized, such a restraining order or other order under this Act had not been applied for or granted or, if applied for, had been refused, and

(d) the responsible person does not propose to use the property as evidence in any proceedings,

the responsible person is to arrange for the property to be returned, at the expiration of that period, to the person from whose possession it was seized.

(2) In this section--

"responsible person" , in relation to property, means--

(a) if the property is in the custody, or under the control, of the Commission--the Commission, or

(b) if the property is in the custody, or under the control, of a member of the Police Force--the Commissioner of Police.