Victorian Consolidated Legislation

Corrections Act 1986 - SECT 46

Seizure

46. Seizure



(1) In carrying out searches under sections 44 and 45 a prison officer may
seize any one or more of the following-

   (a)  any thing found in the prison, whether in a person's possession or
        not, which the prison officer believes on reasonable grounds
        jeopardizes or is likely to jeopardize the security or good order of
        the prison or the safety of persons in the prison;

   (b)  any thing found on a prisoner or in a prisoner's possession, other
        than a thing which the prisoner is authorized to wear or to possess
        under Division 4, the regulations, or a direction of the Governor;



   (c)  any thing which a prisoner is authorized to wear or to possess under
        Division 4, the regulations or a direction of the Governor, which the
        prison officer believes on reasonable grounds jeopardizes or is likely
        to jeopardize the security of the prison or the safety of persons in
        the prison.

(2) A prison officer who seizes any thing under subsection (1) must
immediately inform the Governor.

(3) A Governor must deal in accordance with the regulations with any thing,
which is not a drug of dependence, and is seized under this section.

Division 4-Prisoners rights