Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), the Commission must take reasonable steps to ensure that a document seized by the Commission under this Part is returned to the relevant person not later than 3 months after its seizure.
(2) The Commission is only required to return a document under subsection (1) if the Commission is satisfied that—
(a) the document is not required (or is no longer required) for the purpose for which it was seized; and
(b) the continued retention of the document is not necessary to prevent the document being used in a way that would justify its seizure under section 39E(c); and
(c) the document is not subject to a dispute as to the ownership which would be appropriately resolved by making an application under section 39H for the return of the document.
(3) This section does not apply if the Magistrates' Court makes an order under section 39I extending the period during which the document may be retained.
(4) Nothing in this section prevents the return of a document to its owner at any time if the Commission considers there is no need for its continued retention.
(5) In this section—
"relevant person", in relation to a document, means—
(a) the person from whom the document was seized; or
(b) the owner of the document if the person from whom it was seized is not entitled to possess it.
S. 39H inserted by No. 41/2021 s. 5.