Victorian Consolidated Legislation

Equipment (Public Safety) Act 1994 - SECT 18

Return of seized things

18. 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 the regulations; or

   (b)  the thing is forfeited to the Authority under section 18A; 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 health or safety arising from, or in relation to, prescribed
equipment.

(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.