Criminal Property Forfeiture Act 2002

The applicant in relation to a restraining order under section 43(1) or (2)(a) must request the court that made the order to set the order aside if the grounds for suspecting that the property is crime-used or crime-derived no longer exist.

The applicant in relation to a restraining order under section 44(1)(a) must request the court that made the order to set the order aside if the person could not be declared to be a drug trafficker.

The applicant in relation to a restraining order may request the court that made the order to set the order aside for any other reason.

If a restraining order relating to property is set aside, the applicant in relation to the restraining order must ensure that:

notice of the setting aside is served personally, as soon as practicable, on each person on whom a copy of the restraining order was served under section 47; and

any property subject to the restraining order that is being retained under section 39(2) is returned to the person from whom it was seized unless it is to be otherwise dealt with under this Act or another Act; and

any property subject to the restraining order that is being guarded under section 39(2) is released from guard; and

if the applicant is aware that the person to whom property is to be returned under paragraph (b) is not the owner of the property