South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 188

188—Effect of refusing applications for restraining orders or forfeiture orders

If—

            (a)         material liable to seizure under this Act has been seized under a search warrant, or under Subdivision 3, on the ground that a person believes on reasonable grounds that it is tainted property; and

            (b)         an application is made for a restraining order or a forfeiture order that would cover the material; and

            (c)         the application is refused; and

            (d)         at the time when the application is refused, the material is in the possession of the responsible custodian,

the responsible custodian must arrange for the material to be returned to the person from whose possession it was seized as soon as practicable after the refusal.

Subdivision 5—Miscellaneous