Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 109

Forfeiture of seized things

109. Forfeiture of seized things



(1) Any thing (including a document) that an inspector has seized and retained
under this Part is forfeited to the Authority if the Authority-

   (a)  cannot find its owner despite making reasonable enquiries; or

   (b)  cannot return it to the owner despite making reasonable efforts; or

   (c)  considers it necessary to retain the thing to prevent the commission
        of an offence against this Act or the regulations.

(2) If a thing is forfeited to the Authority under subsection (1)(c), the
Authority must notify (in writing) the owner accordingly, setting out how the
owner may seek review of the decision to forfeit the thing, unless the
Authority cannot find the owner despite making reasonable enquiries.





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