Victorian Consolidated Legislation

Major Sporting Events Act 2009 - SECT 59

Recovery of things seized and compensation

59. Recovery of things seized and compensation



(1) If any goods or advertising material have been seized under section 51 and
the goods or advertising material have not been voluntarily forfeited under
section 53 and-

   (a)  proceedings are not instituted for an offence against section 37 or 38
        in relation to the seized goods or advertising material within 6
        months of the seizure; or

   (b)  after proceedings have been instituted and completed, the defendant is
        not found guilty-

the person from whom they were seized is entitled to recover-

   (c)  the seized goods or advertising material or, if they have been
        destroyed, compensation equal to the market value of the goods or
        advertising material at the time of the seizure; and

   (d)  compensation for any loss suffered by reason of the seizure of the
        goods or advertising material.

(2) If any broadcasting equipment has been seized under section 54 and it has
not been returned under section 56 or by court order or otherwise and-





   (a)  proceedings are not instituted for an offence against section 43 or 44
        in relation to the seized broadcasting equipment within 6 months of
        the seizure; or

   (b)  after proceedings have been instituted and completed, the defendant is
        not found guilty-

the person from whom the equipment was seized is entitled to recover-

   (c)  the seized broadcasting equipment, or, if it has been destroyed,
        compensation equal to the market value of the broadcasting equipment
        at the time of the seizure; and

   (d)  compensation for any loss suffered by reason of the seizure of the
        broadcasting equipment.

(3) An action for the payment of compensation under subsection (1) or (2) may
be brought in any court of competent jurisdiction against the relevant event
organiser.