Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 241

241 Application by person for return of property seized in another State

(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.

(2) The person from whose possession the property was seized may apply to a Magistrates Court for an order—

(a) directing that the property be returned to that person; or

(b) directing that the person be allowed access to the property.

(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.

(4) The court may make the order on the conditions the court considers appropriate.

(5) In this section—

"property" seized under a search warrant does not include—

(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.