Return of seized material if applications are not made for restraining orders or forfeiture orders
186 Return of seized material if applications are not made for restraining orders or forfeiture orders
If—
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
at the time when the material was seized, an application had not been made for a restraining order or a forfeiture order that would cover the material; and
such an application is not made during the period of 60 days (or such longer period as may be ordered under subsection (1a)) after the day on which the material was seized, the responsible custodian of the material must arrange for the material to be returned to the person from whose possession it was seized as soon as practicable after the end of that period.
A magistrate may, on application by an authorised officer, make an order extending the period of 60 days referred to in subsection (1)(c) by a further period of up to 28 days if satisfied that—
the extension of time is reasonably necessary in order for an application to be made for a restraining order or a forfeiture order that would cover the material; and
the retention of the property for the additional period will not cause undue hardship to the person from whom the material was seized.
However, this section does not apply to material to which section 187 applies.
This Act’s bill:Second reading speech
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