Victorian Current Acts

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BUILDING ACT 1993 - SECT 229C

Retention and return of seized documents or things

    (1)     If an authorised person seizes a document or other thing under this Division, the authorised person must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.

    (2)     If the document or thing seized has not been returned within 3 months after it was seized, the authorised person must take reasonable steps to return it unless—

        (a)     proceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or

        (b)     the Magistrates' Court makes an order under section 229D extending the period during which the document or thing may be retained.

S. 229C(3) substituted by No. 46/2018 s. 70.

    (3)     This section does not apply to—

        (a)     a sample taken by an authorised person in the exercise of a power under this Division; or

        (b)     a thing seized by an authorised person, and subjected to destructive testing, in the exercise of a power under this Division.

S. 229D inserted by No. 21/2017 s. 46.



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