Victorian Current Acts Victorian Current ActsS. 95A(1) amended by No. 37/2014 s. 10(Sch. item 25.15).
(1) A police officer may apply to the Magistrates' Court for a declaration that property seized under a warrant under—
(a) section 465 of the Crimes Act 1958 ; or
(b) section 81 of the Drugs, Poisons and Controlled Substances Act 1981 —
is to be held or retained as if it were tainted property seized under a warrant under section 79 of this Act.
(2) An application under subsection (1) may only be made if—
(a) the property is no longer required for evidentiary purposes under the Crimes Act 1958 or the Drugs, Poisons and Controlled Substances Act 1981 (as the case requires); and
(b) no direction has previously been made under section 465(1B) or 465C of the Crimes Act 1958 or section 81(1A) or 81C of the Drugs, Poisons and Controlled Substances Act 1981 (as the case requires).
(3) An application may be made within 7 days after the property is no longer required for evidentiary purposes under the Crimes Act 1958 or the Drugs, Poisons and Controlled Substances Act 1981 (as the case requires).
S. 95B inserted by No. 63/2003 s. 25.