Victorian Numbered Acts

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 241

    (1)     The Chief Commissioner of Police may retain any thing seized by a police officer under this Part for as long as—

        (a)     one of the following conditions are met—

              (i)     the police officer suspects on reasonable grounds that the thing will compromise the safety or welfare of a member of the public or the offender's compliance with a supervision order or an interim supervision order;

              (ii)     the police officer suspects on reasonable grounds that the thing relates to behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of a supervision order or an interim supervision order;

              (iii)     the thing is reasonably required for the purposes of an investigation of,
or a proceeding for, an offence against this Act or any other offence; and

        (b)     the thing is not subject to forfeiture, destruction or disposal under this Act or any other Act or law.

    (2)     The Commissioner may retain any thing seized by an officer (other than a police officer) under this Part for as long as—

        (a)     one of the following conditions is met—

              (i)     the officer suspects on reasonable grounds that the thing will compromise the safety or welfare of a member of the public or the offender's compliance with a supervision order or an interim supervision order;

              (ii)     the officer suspects on reasonable grounds that the thing relates to behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of a supervision order or an interim supervision order;

              (iii)     in the case of a thing seized under section 225, the officer suspects on reasonable grounds that the thing will compromise—

    (A)     the good order or management of the residential treatment facility or the residential facility; or

    (B)     the safety and welfare of offenders of staff of the facility or of visitors to the facility;

              (iv)     the thing is reasonably required for the purposes of an investigation of, or a proceeding for, an offence against this Act or any other offence; and

        (b)     the thing is not subject to forfeiture, destruction or disposal under this Act or any other Act or law.