Dealing with unclaimed property
158 Dealing with unclaimed property
This section applies to property that:
is lawfully in the possession of the ICAC under this Act; and
(b) is not required for the performance of the ICAC's functions under this Act or proceedings arising out of the performance of those functions.
(2) The ICAC may apply to a court of competent jurisdiction for an order in relation to the property if it appears to the ICAC that no person is lawfully entitled to the property.
(3) The court may order that the property be dealt with as the court considers appropriate.
Without limiting subsection (3), the court may:
order that the property be forfeited to the Territory; and
make any necessary incidental or ancillary orders.
(5) A person who is lawfully entitled to property that has been dealt with under this section may recover from the Territory, in a court of competent jurisdiction, the property or the value of the property, as a debt due to the person.
In this section:
proceedings means any of the following:
an investigation by a law enforcement agency or an Agency;
a prosecution or a court proceeding;
a hearing of the Assembly Committee.
This Act’s bill:Explanatory statementSecond reading speech
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