(3) If property to which this subsection applies has S. 131(3) been seized in another State or a Territory under a amended by Nos 87/2004 search warrant issued under a corresponding law s. 22(2)(s), in reliance on the commission of a Schedule 1 55/2014 s. 43. offence, a Schedule 2 offence or a serious drug offence, the person from whose possession the property was seized may apply to the Magistrates' Court for an order— (a) directing that the property be returned to that person; or (b) directing that the person be allowed access to the property— and the Court may make such an order on such terms and conditions (if any) as it thinks fit. (4) The applicant for an order under subsection (3) must give to the DPP or an appropriate officer written notice of the application and of the date, time and place fixed for the hearing of it. (5) Subsections (2) and (3) apply to all property seized under a search warrant other than property that— (a) was used in, or in connection with, the commission of an interstate offence; or (b) was derived or realised, directly or indirectly, by any person, in relation to an interstate offence. 132 Standard of proof Any question of fact to be decided by a court on an application under this Act is to be decided on the balance of probabilities.
S. 131(3) amended by Nos 87/2004 s. 22(2)(s), 55/2014 s. 43. (3) If property to which this subsection applies has been seized in another State or a Territory under a search warrant issued under a corresponding law in reliance on the commission of a Schedule 1 offence, a Schedule 2 offence or a serious drug offence, the person from whose possession the property was seized may apply to the Magistrates' Court for an order— (a) directing that the property be returned to that person; or (b) directing that the person be allowed access to the property— and the Court may make such an order on such terms and conditions (if any) as it thinks fit. (4) The applicant for an order under subsection (3) must give to the DPP or an appropriate officer written notice of the application and of the date, time and place fixed for the hearing of it. (5) Subsections (2) and (3) apply to all property seized under a search warrant other than property that— (a) was used in, or in connection with, the commission of an interstate offence; or (b) was derived or realised, directly or indirectly, by any person, in relation to an interstate offence. 132 Standard of proof Any question of fact to be decided by a court on an application under this Act is to be decided on the balance of probabilities.
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