Criminal Organisations Control Act 2012

This section applies in relation to a thing that has been seized under—

a search warrant issued as provided for by section 124ZV; or

section 124ZW.

Unless the seized thing is the subject of a direction under section 465(1B) or 465C of the Crimes Act 1958, it becomes eligible to be collected, in accordance with this section—

by or on behalf of a relevant person referred to in subsection (3); and

at the applicable time under subsection (4).

Each of the following persons is a relevant person—

the owner of the seized thing; and

if the seized thing—

was seized under section 124ZW; and

was being carried or attended by a person when seized—

The applicable time is—

when 3 months elapse without a person being charged with an offence against this Act in relation to the public display of a mark that the thing bears; or

when a decision is made, within the period referred to in paragraph (a), not to charge an offence referred to in that paragraph; or

if a person is charged with an offence referred to in paragraph (a), when all the relevant proceedings have concluded without a forfeiture order being made.

For the purposes of subsection (4)(c)—

the reference to a forfeiture order is a reference to—

if the seized thing is not a motor vehicle, an order under section 124ZZA(2) in respect of the seized thing; or

if the seized thing is a motor vehicle, a forfeiture order under Division 1 of Part 3 of the Confiscation Act 1997 in respect of the vehicle; and

the relevant proceedings are—

the proceeding for the offence referred to in subsection (4)(a); and

if an application for a forfeiture order is made before the conclusion of the proceeding for that offence, a proceeding on that application.