Victorian Consolidated Legislation

Major Sporting Events Act 2009 - SECT 81

Police may retain or otherwise deal with prohibited item for purpose of proceedings

81. Police may retain or otherwise deal with prohibited item for purpose of
proceedings



(1) Without limiting any other power in relation to proceedings for an
offence, if, under this Division, an item is surrendered to an authorised
officer who is a member of the police force or confiscated by an authorised
officer who is a member of the police force or otherwise comes into the
possession of a member of the police force, that member-

   (a)  may retain the item for the purposes of proceedings for an offence
        against this Act or the regulations and deal with that item in
        accordance with law; and

   (b)  in the case of a prohibited item of a kind referred to in paragraph
        (a), (h), (j), (k), (m) or (n) of the definition of prohibited item in
        section 3, may photograph or otherwise take a record of that item for
        the purpose of proceedings for an offence against this Act or the
        regulations and-

   (i)  on request of the person from whom the item was confiscated or who
        surrendered the item, return it to the person when the person leaves
        the event venue or the event area; or

   (ii) if that person does not request the return of the item under
        subparagraph (i), give that item to the Office of Sport and Recreation
        Victoria to be dealt with in accordance with section 82; or

   (iii) return the item to its lawful owner, if known, within 28 days after
        it was confiscated or surrendered under this Division; or

   (iv) otherwise deal with that item in accordance with law.

(2) If proceedings for an offence against section 62, 63, 65 or 66 have been
commenced in respect of an item to which this section applies, subject to any
court order, that item must not be returned to the person who surrendered it
or from whom it was confiscated.