Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 16A

Return of seized things

16A. Return of seized things



(1) As soon as possible after an inspector seizes any thing (including a
document) under this Part, the Authority must return the thing to the owner
unless-

   (a)  the Authority considers it necessary to retain the thing because it
        may afford evidence in proceedings, that have been or that may be
        commenced, for an offence against this Act; or

   (b)  the thing is forfeited to the Authority under this Act; or

   (c)  the Authority is otherwise authorised (by a law or court order) to
        retain, destroy or dispose of the thing.

(2) The thing may be returned either unconditionally or on any terms and
conditions that the Authority considers appropriate to eliminate or reduce any
risks to the safety of any person or of damage to property arising from, or in
relation to, the thing.

(3) If the Authority imposes terms or conditions on the return of a thing, the
owner must comply with each of those terms and conditions.

Penalty: 60 penalty units for a natural person; 300 penalty units for a body
corporate.