Victorian Current Acts

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FISHERIES ACT 1995 - SECT 104

Provisions relating to the seizure of items

S. 104(1) amended by No. 37/2014 s. 10(Sch. item 65.16(a)).

    (1)     If an authorised officer or a police officer seizes any thing under section 102, 103 or  105 from a person who is present at the time of the seizure, the authorised officer or police officer must as soon as practicable give the person a written receipt for the thing seized.

S. 104(2) amended by Nos 37/2014 s. 10(Sch. item 65.16(b)), 68/2016 s. 100.

    (2)     In all other cases, if an authorised officer or a police officer seizes a thing and it is not possible to immediately give the owner of the thing, or person in possession or apparently in possession of the thing, or a person apparently aged 16 years or over and who is apparently employed by or an agent of the owner, a receipt for it, the authorised officer or police officer must within 7 days send or cause to be sent a receipt for it by post to the address of the owner of the thing last known by the chief executive officer.

S. 104(3) amended by No. 37/2014 s. 10(Sch. item 65.16(c)).

    (3)     If the authorised officer or police officer is unable to ascertain the identity or the address of the owner of any thing that has been seized, the receipt must be left with, or be posted to, the owner of the premises from which the thing was seized.

    (4)     A receipt must contain reasonable details of the thing seized.

S. 104(5) amended by Nos 5/1997
s. 18(b), 17/2002 s. 19, 37/2014 s. 10(Sch. item 65.16(c)), 68/2016 s. 100.

    (5)     An authorised officer or a police officer who seizes a document must also, within 21 days, give or send a copy of the document to the person from whom the document was seized or to a person known by the chief executive officer to be the owner of the document.

S. 104A inserted by No. 69/2004 s. 8.



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