Victorian Numbered Acts

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 245

    (1)     The Chief Commissioner of Police or the Commissioner, as the case requires, may apply to the Magistrates' Court for an order that a thing seized under this Part may be destroyed or disposed of.

    (2)     A copy of an application under subsection (1) must be served on the following persons as soon as practicable—

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

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

    (3)     On an application under this section, the Magistrates' Court may order—

        (a)     that the seized thing be forfeited to the Crown and destroyed or disposed of in accordance with the order; or

        (b)     that the thing be returned to the owner.

    (4)     The Magistrates' Court may order that the seized thing be forfeited to the Crown and destroyed or disposed of in accordance with the order if satisfied that—

        (a)     the grounds on which the thing was seized are still satisfied; and

        (b)     the thing is no longer reasonably required to be retained for the purposes of an investigation of, or a proceeding for, an offence against this Act or any other offence.

    (5)     If the Magistrates' Court orders that the seized thing be disposed of by sale, the Court may order that the proceeds of the sale be paid to the owner of the thing.

    (6)     The Magistrates' Court may order that the seized thing be returned to the owner 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.

    (7)     An order under this section does not take effect until—

        (a)     the day that is 30 days after the day on which the order was made; or

        (b)     if an appeal is made before the expiry of the period referred to in paragraph (a), the appeal is determined.