Victorian Numbered Acts Victorian Numbered Acts(1) This section applies in relation to the return of any thing seized under this Part if the grounds for its seizure set out in the applicable section under which it was seized no longer apply.
(2) Any thing seized by an officer under this Part must be returned—
(a) to the offender or to any other person from whom it was seized; or
(b) if subsection (3) applies, to its lawful owner, if it is reasonably practicable to do so.
Note
This subsection does not preclude the possibility that things may be retained indefinitely, disposed of or destroyed.
(3) If the officer who seized the thing believes that the offender is not the owner of the thing and is not entitled at law to possess it, the thing may be returned to another person who the officer reasonably believes to be the owner of the seized thing.
(4) Despite subsection (2), if an offender from whom any thing was seized resides at a residential facility or residential treatment facility, the thing returned to the offender under this section may be stored at the residential facility or residential treatment facility as part of the property of the offender and not given directly to the offender.