Victorian Current Acts

MAJOR EVENTS ACT 2009 - SECT 59

    (1)     If any goods or advertising material have been seized under section 51 and the goods or advertising material have not been voluntarily forfeited under section 53 and—

        (a)     proceedings are not instituted for an offence against section 37 or 38 in relation to the seized goods or advertising material within 6 months of the seizure; or

S. 59(1)(b) amended by No. 68/2009 s. 97(Sch. item 83.1).

        (b)     after proceedings have been instituted and completed, the accused is not found guilty—

the person from whom they were seized is entitled to recover—

        (c)     the seized goods or advertising material or, if they have been destroyed, compensation equal to the market value of the goods or advertising material at the time of the seizure; and

        (d)     compensation for any loss suffered by reason of the seizure of the goods or advertising material.

    (2)     If any broadcasting equipment has been seized under section 54 and it has not been returned under section 56 or by court order or otherwise and—

        (a)     proceedings are not instituted for an offence against section 43 or 44 in relation to the seized broadcasting equipment within 6 months of the seizure; or

S. 59(2)(b) amended by No. 68/2009 s. 97(Sch. item 83.1).

        (b)     after proceedings have been instituted and completed, the accused is not found guilty—

the person from whom the equipment was seized is entitled to recover—

        (c)     the seized broadcasting equipment, or, if it has been destroyed, compensation equal to the market value of the broadcasting equipment at the time of the seizure; and

        (d)     compensation for any loss suffered by reason of the seizure of the broadcasting equipment.

    (3)     An action for the payment of compensation under subsection (1) or (2) may be brought in any court of competent jurisdiction against the relevant event organiser.