Victorian Numbered Regulations

CORRECTIONS AMENDMENT REGULATIONS 2017 (SR NO 60 OF 2017) - REG 9

For regulation 94 of the Principal Regulations substitute —

        "     94     Dealing with seized articles or substances

    (1)     If an article or substance is seized by a community corrections officer or approved escort officer at a community corrections centre, other than a firearm, explosive substance or drug of dependence, the Regional Manager must deal with that article or substance in accordance with this regulation.

    (2)     Where the article or substance may be required as evidence of an offence, the Regional Manager must direct that the article or substance be retained.

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

    (4)     Where subregulation (2) or (3) does not apply, the Regional Manager must direct that the article or substance be—

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

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

        (c)     stored on behalf of the person from whom it was seized until such time as the grounds for seizure no longer apply.".