Victorian Current Acts

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Return of seized things

    (1)     As soon as possible after an inspector seizes any thing (including a document) under this Part the Department Head must return the thing to the owner unless—

        (a)     the Department Head considers it necessary to retain the thing because it may afford evidence in proceedings, that have been or may be commenced, for an offence against this Act or the regulations; or

        (b)     the thing is forfeited to the Crown under section 95K; or

        (c)     the Department Head is otherwise authorised (by a law or court order) to retain, destroy or dispose of the thing.

    (2)     The thing may be returned either unconditionally or on such terms and conditions as the Department Head considers appropriate.

    (3)     If the Department Head imposes terms or conditions on the return of a thing, the owner must comply with each of those terms and conditions.

Penalty:     In the case of a corporation, 300 penalty units;

In any other case 60 penalty units.

S. 95K inserted by No. 63/2006 s. 49.

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