Victorian Numbered Acts

JUSTICE LEGISLATION FURTHER AMENDMENT ACT 2009 (NO. 55 OF 2009) - SECT 49

See:
Act No.
68/2008.
LawToday:
www.
legislation.
vic.gov.au

    (1)     In the heading to section 41 of the Stalking Intervention Orders Act 2008 —

        (a)     before " seizure " insert " surrender or ";

        (b)         after " firearms " insert " or other articles ".

    (2)     In section 41(1) of the Stalking Intervention Orders Act 2008 —

        (a)     before "seized" (where first occurring) insert "surrendered under section 35 or";

        (b)     before "seized" (where secondly occurring) insert "surrendered or".

    (3)         After section 41(1) of the Stalking Intervention Orders Act 2008 insert —

    "(1A)     If an article other than one referred to in subsection (1) is seized from a person under section 37 and a final order has been or is made against the person, the article must be returned to the person unless—

        (a)     the article is required as evidence in further proceedings under this Act or another Act; or

        (b)     the article is subject to forfeiture after a proceeding for an offence under this Act or another Act.".

    (4)     In section 41(2) of the Stalking Intervention Orders Act 2008 , after "ammunition" (wherever occurring) insert "or other article".