Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 80E

Retention and return of seized cocaine kits

S. 80E(1) amended by No. 37/2014 s. 10(Sch. item 47.25).

    (1)     If a police officer seizes a cocaine kit under this Part, the police officer must take reasonable steps to return the cocaine kit to the person from whom it was seized or its lawful owner if the reason for its seizure no longer exists.

S. 80E(2) amended by No. 37/2014 s. 10(Sch. item 47.25).

    (2)     If a cocaine kit seized under this Part has not been returned to the person from whom it was seized or its lawful owner within 3 months after it was seized, a police officer must take reasonable steps to return it to that person or owner unless—

        (a)     proceedings for the purpose for which the cocaine kit 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 80F extending the period during which the cocaine kit may be retained.

S. 80F inserted by No. 18/2006 s. 3.



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