Victorian Numbered Acts

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 244

    (1)     The following persons may apply to the Magistrates' Court for the return of a thing seized under this Part—

        (a)     the offender from whom the thing was seized;

        (b)     a person claiming to be the lawful owner of the thing seized.

    (2)     The applicant must serve a copy of the application as soon as practicable on—

        (a)     the Chief Commissioner of Police or the Commissioner, as the case requires; and

        (b)     any other person who the applicant has reason to believe is the owner of the seized thing.

    (3)     The Magistrates' Court may order the seized thing be returned to the applicant if satisfied that—

        (a)     the Chief Commissioner of Police or the Commissioner, as the case requires, is not authorised to retain the thing under section 241; and

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

    (4)     The Magistrates' Court may refuse to make an order under subsection (3) if the Court is satisfied that the applicant is not the owner of the thing.