Victorian Numbered Acts

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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 243

Return of seized things—retrieval notices

    (1)     This section applies to things seized at a place or premises other than a residential facility or residential treatment facility.

    (2)     If the Chief Commissioner of Police or the Commissioner is no longer authorised to retain a thing seized under this Part, the Chief Commissioner of Police or the Commissioner (as the case requires) must make reasonable efforts to serve a written retrieval notice on—

        (a)     the offender; or

        (b)     if the Chief Commissioner of Police or the Commissioner reasonably believes that the offender is not the owner of the thing,     another person who the Chief Commissioner of Police or the Commissioner (as the case requires) believes to be the owner of the seized thing.

    (3)     A retrieval notice under subsection (2) must be given in accordance with the regulations and include any prescribed information.

    (4)     A seized thing is to be dealt with under Division 3 of Part 4 of the Victoria Police Act 2013 as if it were unclaimed property if—

        (a)     the Chief Commissioner of Police has made reasonable efforts to notify a person in accordance with this section and the regulations; and

        (b)     the thing has not been retrieved.

    (5)     The seized thing is taken to be forfeited to the Crown and the Minister may direct that the seized thing forfeited to the Crown under this section be disposed of in any manner that the Minister thinks fit, including destruction, if—

        (a)     the Commissioner has made reasonable efforts to notify a person in accordance with this section and the regulations; and

        (b)     the seized thing has not been retrieved.



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