Victorian Consolidated Regulations

CORRECTIONS REGULATIONS 2019 - REG 95

For the purposes of sections 78J(5) and 101(3) of the Act, the Commissioner or the Regional Manager must deal with things seized under those sections in the following manner—

        (a)     if the thing may be required as evidence of a criminal offence—the Commissioner or the Regional Manager (as the case may be) must direct that the thing be retained;

        (b)     if the thing has been forfeited, or may otherwise be disposed of under law—the Commissioner or the Regional Manager (as the case may be) must direct that the thing be disposed of in a manner allowed by law;

        (c)     if paragraph (a) or (b) does not apply—the Commissioner or the Regional Manager (as the case may be) must direct that the thing be—

              (i)     returned to the person from whom it was seized; or

              (ii)     returned to the owner of the thing if it is practicable in the circumstances and the Commissioner or the Regional Manager (as the case may be) believes on reasonable grounds that the person from whom the thing was seized is not entitled at law to possess it; or

              (iii)     stored on behalf of the person from whom it was seized until such time as the grounds for seizure no longer apply.