Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers: Seizure of cash found in suspicious circumstances
123DReturn or release of cash seized
If any of the circumstances specified in subsection (2) exist, the Police must, as soon as is reasonably practicable,—
- return the cash seized to the person from whom it was seized, or make contact with the person or the person’s representative to arrange for the return of the cash; or
- release the cash to the owner of the cash (if the owner is not the person from whom the cash was seized).
The circumstances referred to in subsection (1) are that—
- the authorised holding period has ended and before the end of that period the Police did not commence proceedings under the Criminal Proceeds (Recovery) Act 2009 for a restraining order or forfeiture order in respect of the cash seized:
- any proceedings commenced under the Criminal Proceeds (Recovery) Act 2009 for a restraining order or forfeiture order in respect of the cash seized have been withdrawn or dismissed:
- the person from whom the cash was seized, or the owner of the cash, has requested the return of the cash and provided the Police with information about its origin and intended purpose and the Police, having considered all available information, are satisfied that the cash has lawful and legitimate origin or derivation and is not to be used for any unlawful or dishonest purpose.
Notes
- Section 123D: inserted, on , by section 33 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).