Victorian Repealed Acts

This legislation has been repealed.

Sports Event Ticketing (Fair Access) Act 2002 - SECT 33

Return of seized documents or things

33. Return of seized documents or things



(1) If an authorised officer seizes a document or other thing under this Part,
he or she must take reasonable steps to return the document or thing to the
person from whom it was seized if the reason for its seizure no longer exists.

(2) If the document or thing has not been returned within 3 months after it
was seized, the authorised officer must take reasonable steps to return it
unless-

   (a)  proceedings for the purpose for which the document or thing was kept
        have started within that 3 month period and those proceedings
        (including any appeal) have not been completed; or

   (b)  the Magistrates' Court makes an order under subsection (4) extending
        the period for which the document or thing may be kept.

(3) An authorised officer may apply to the Magistrates' Court within 3 months
after seizing a document or thing under this Part for an extension of the
period for which he or she may keep the document or thing.

(4) The Magistrates' Court may make an order extending the period if it is
satisfied that it is necessary to keep the document or thing-

   (a)  for the purposes of an investigation into whether a contravention of
        this Act has occurred; or

   (b)  to enable evidence of a contravention of this Act to be obtained for
        the purposes of a proceeding under this Act.

(5) The Magistrates' Court may adjourn an application to enable notice of the
application to be given to a person.