An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes
Part 4 Other requests by ICC
Division 14—Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC
Subdivision F—Search warrants relating to proceeds of crime and property-tracking documents
100 Return of seized property to third parties
(1) A person who claims an interest in property (other than a property-tracking document) that has been seized under a search warrant issued under Part 3-5 of the Proceeds of Crime Act in relation to a crime within the jurisdiction of the ICC may apply to a court for an order that the property be returned to the person.
(2) The court must be a court of the State or Territory in which the warrant was issued that has proceeds jurisdiction.
(3) The court must order the head of the authorised officer’s enforcement agency to return the property to the applicant if the court is satisfied that:
the applicant is entitled to possession of the property; and
the property is not proceeds of the relevant crime within the jurisdiction of the ICC; and
the person who is believed or alleged to have committed the relevant crime within the jurisdiction of the ICC has no interest in the property.
(4) If the court makes such an order, the head of the authorised officer’s enforcement agency must arrange for the property to be returned to the applicant.
(5) This section does not apply to property that has been seized because it may afford evidence as to the commission of an Australian criminal offence.
Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders
EDIT.