Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 40

40 .         Freezing notices, cancelling etc.

        (1)         A police officer or the DPP must cancel a freezing notice issued under section 34(2) for property if the grounds for suspecting that the property is crime-used or crime-derived no longer exist.

        (2)         A police officer or the DPP must ensure that —

            (a)         notice of the cancellation is served personally, as soon as practicable, on each person on whom a copy of the notice was served under section 36; and

            (b)         if the notice has been filed in a court — a notice of the cancellation is filed in the court; and

            (c)         any property covered by the notice that is being guarded under section 33(2)(b) is released from guard; and

            (d)         any property covered by the notice that is being retained under section 33(3) is returned to the person from whom it was seized unless it is to be otherwise dealt with under this Act or another enactment; and

            (e)         if the police officer or the DPP is aware that the person to whom the property is to be returned under paragraph (d) is not the owner of the property — the owner is notified, where practicable, of the cancellation and return.