Victorian Numbered Acts Victorian Numbered Acts(1) Within 7 days after a document or other thing is seized by an authorised officer under section 89, an interested person may apply to the Magistrates' Court for an order setting aside the seizure and requiring the Director to deliver the document or other thing to the interested person.
(2) On an application under subsection (1), the Magistrates' Court may make an order setting aside the seizure and requiring the Director to deliver the document or other thing to the interested person if the Court is satisfied that the grounds for the seizure did not, or no longer, exist.
(3) The interested person has the burden of proving that the grounds for the seizure did not, or no longer, exist.
(4) In this section—
"interested person" in relation to a document or other thing, means—
(a) the chief executive of the public authority at whose premises the document or other thing was seized; or
(b) a person authorised by the chief executive to apply under this section on the chief executive's behalf; or
(c) any other person who claims to have a legal or equitable interest in the document or other thing.