S. 81(1) amended by No. 37/2014 s. 10(Sch. item 104.6).
(1) Without limiting any other power in relation to proceedings for an offence, if, under this Division, an item is surrendered to an authorised officer who is a police officer or confiscated by an authorised officer who is a police officer or otherwise comes into the possession of a police officer, that police officer—
(a) may retain the item for the purposes of proceedings for an offence against this Act or the regulations and deal with that item in accordance with law; and
(b) in the case of a prohibited item of a kind referred to in paragraph (a), (h), (j), (k), (m) or (n) of the definition of prohibited item in section 3, may photograph or otherwise take a record of that item for the purpose of proceedings for an offence against this Act or the regulations and—
(i) on request of the person from whom the item was confiscated or who surrendered the item, return it to the person when the person leaves the event venue or the event area; or
(ii) if that person does not request the return of the item under subparagraph (i), give that item to the Office of Sport and Recreation Victoria to be dealt with in accordance with section 82; or
(iii) return the item to its lawful owner, if known, within 28 days after it was confiscated or surrendered under this Division; or
(iv) otherwise deal with that item in accordance with law.
(2) If proceedings for an offence against section 62, 63, 65 or 66 have been commenced in respect of an item to which this section applies, subject to any court order, that item must not be returned to the person who surrendered it or from whom it was confiscated.