Victorian Consolidated Legislation

Prevention of Cruelty to Animals Act 1986 - SECT 24ZI

Return of seized thing before commencement of proceedings

24ZI. Return of seized thing before commencement of proceedings



(1) If a thing has been seized by an inspector under this Part and proceedings
have not been commenced against a person for the commission of an offence in
relation to which the thing was seized, any person who claims to be entitled
to possession of the thing may apply in writing to the Magistrates' Court for
an order directing the inspector to return the thing to the person.

(2) If an application is made to the Magistrates' Court the applicant must, as
soon as possible after filing the application at the Court, give a copy of the
application to the inspector.

(3) After hearing an application, the Magistrates' Court may make an order
directing the inspector to return the thing to the applicant-

   (a)  if the Court is satisfied that the thing is reasonably required by the
        applicant to carry on the applicant's business or occupation; and

   (b)  the Court has considered whether the thing is reasonably likely to be
        tendered as evidence in proceedings for an offence against this Act or
        regulations under this Act.

(4) The Court may include any conditions in the order that it considers
appropriate including that the thing be returned for the purposes of
proceedings for an offence against this Act or regulations under this Act.

(5) This section does not apply to a thing, the possession, use, setting or
sale of which is an offence against this Act or regulations under this Act.