Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 179

Retention and return of seized documents or things

    (1)     If an authorised officer seizes a document or other thing under this Division, the authorised officer must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.

    (2)     If the document or thing seized has not been returned within 3 months after it was seized, the authorised officer must take reasonable steps to return it unless—

        (a)     proceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or

        (b)     the Magistrates' Court makes an order under section 180 extending the period during which the document or thing may be retained.

    (3)     This section does not apply to a document or other thing seized under this Division that is forfeited to the Secretary or a Council under section 181.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback