Victorian Numbered Regulations

CORRECTIONS AMENDMENT REGULATIONS 2017 (SR NO 60 OF 2017) - REG 7

After regulation 88C of the Principal Regulations insert —

        " 88D     Dealing with seized things

    (1)     For the purposes of section 78J(5) of the Act, the Commissioner must deal with a thing seized under Division 5A of Part 8 of the Act in accordance with this regulation.

    (2)     Where the thing may be required as evidence of an offence, the Commissioner must direct that the thing be retained.

    (3)     Where the thing has been forfeited, or may otherwise be disposed of under law, the Commissioner must direct that the thing be disposed of in a manner allowed by law.

    (4)     Where subregulation (2) or (3) does not apply, the Commissioner must direct that the thing be—

        (a)     returned to the person from whom it was seized; or

        (b)     returned to the owner of the thing if reasonably practicable in the circumstances and the Commissioner forms the reasonable belief that the person from whom the thing was seized is not entitled at law to possess it; or

        (c)     stored on behalf of the prisoner on parole until such time as the grounds for seizure no longer apply.

        88E     Receipt for seized things

    (1)     For the purposes of section 78O(2)(a) of the Act, the prescribed information is—

        (a)     the time, date and place of the seizure; and

        (b)     the name of the specified officer who—

              (i)     seized the thing; or

              (ii)     is responsible for recording the details of the seized thing; and

        (c)     a description of the thing seized; and

        (d)     the name of the person from whom the thing was seized; and

        (e)     if the person from whom the thing was seized is not the owner of the thing, the name and address of the owner of the thing (if known).

    (2)     The information specified in subregulation (1) may be contained in one or more receipts.

    (3)     Subject to subregulations (4) and (5), for the purposes of section 78O(2)(b) of the Act, a receipt must be signed by—

        (a)     the person from whom the thing was seized; and

        (b)     the specified officer who—

              (i)     seized the thing; or

              (ii)     is responsible for recording the details of the seized thing.

    (4)     If the person from whom the thing was seized refuses to sign a receipt, a receipt may be signed by—

        (a)     a community corrections officer or a specified officer who is present at the time of the seizure, other than the specified officer who has signed the receipt in accordance with subregulation (3)(b); or

        (b)     any other adult not referred to in paragraph (a) who is present at the time of the seizure.

    (5)     The signature by the officer present at the time of seizure is sufficient for the purposes of subregulation (3) if—

        (a)     the person from whom the thing was seized refuses to sign a receipt; and

        (b)     there is only one specified officer present at the time of the seizure; and

        (c)     there is no other adult present at the time of the seizure.".