South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 185

185—Return of seized material to third parties

        (1)         A person who claims an interest in material liable to seizure under this Act that has been seized under a search warrant, or under Subdivision 3, on the ground that it is suspected of being tainted property may apply to a court for an order that the material be returned to the person.

        (2)         A court must order the responsible custodian of the material to return the material to the applicant if the court is satisfied that—

            (a)         the applicant is entitled to possession of the material; and

            (b)         the material is not tainted property in relation to the relevant serious offence; and

            (c)         the person in respect of whose suspected commission of, or conviction for, a serious offence the material was seized has no interest in the material.

        (3)         If the court makes an order under subsection (2), the responsible custodian of the material must arrange for the material to be returned to the applicant.