Victorian Consolidated Legislation

Children's Services Act 1996 - SECT 39

Return of seized things

39. Return of seized things



(1) If an authorised officer seizes a thing under section 37 or 38, the
authorised officer must take reasonable steps to return the thing to the
person from whom it was seized if the reason for its seizure no longer exists.

(2) If the thing has not been returned within 60 days after it was seized, the
authorised officer must take reasonable steps to return it unless-

   (a)  proceedings have been commenced within the period of 60 days and those
        proceedings (including any appeal) have not been completed; or

   (b)  a court makes an order under section 40 extending the period the thing
        can be retained.

(3) Nothing in this section limits the powers of the Court under section 78(6)
of the Magistrates' Court Act 1989.