Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61BG

Application for return of things seized

61BG. Application for return of things seized



(1) Within 7 days after a document or thing is seized by an authorised officer
under section 61BC, an interested person may apply to the Magistrates' Court
for an order setting aside the seizure and requiring the Director to deliver
the document or thing to the interested person.

(2) On an application under subsection (1), the Magistrates' Court may make an
order setting aside the seizure and requiring the Director to deliver the
document or thing to the interested person if the Court is satisfied that the
grounds for the seizure did not, or no longer, exist.

(3) The interested person has the burden of proving that the grounds for the
seizure did not, or no longer, exist.

(4) In this section-

interested person in relation to a document or thing, means-

   (a)  the chief executive of the public authority at whose premises the
        document or thing was seized; or

   (b)  a person authorised by the chief executive to apply under this section
        on the chief executive's behalf; or

   (c)  any other person who claims to have a legal or equitable interest in
        the document or thing.