Victorian Current Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 181

    (1)     Any thing (including a document) that an authorised officer has seized and retained under this Division is forfeited to the Secretary (if the authorised officer was appointed by the Secretary) or a Council (if the authorised officer was appointed by the Council) if the Secretary or the Council—

        (a)     cannot find its owner despite making reasonable enquiries; or

        (b)     cannot return it to the owner despite making reasonable efforts; or

        (c)     decides it is necessary to retain the thing to prevent a risk to public health; or

        (d)     decides it is necessary to retain the thing to prevent the commission of an offence against this Act or the regulations.

    (2)     If a thing is forfeited to the Secretary or a Council under subsection (1)(c), the Secretary or Council must notify (in writing) the owner accordingly, setting out how the owner may seek review of the decision referred to in that subsection, unless the Secretary or the Council cannot find the owner despite making reasonable enquiries.