Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), an inspector must take reasonable steps to ensure that a document or other thing that the inspector has seized under this Part is returned to the relevant person within 3 months after its seizure.
(2) The inspector is only required to return a document or thing under subsection (1), if the inspector is satisfied that—
(a) the document or thing is not required (or is no longer required) for the purpose for which it was seized; and
(b) the continued retention of the document or thing is not necessary to prevent the document or thing being used in a way that would justify its seizure under this Part; and
(c) the document or thing is not subject to a dispute as to ownership which would be appropriately resolved by making an application under section 167A for the return of the document or thing.
(3) This section does not apply if—
(a) the Magistrates' Court makes an order under section 168 extending the period during which the document or thing may be retained; or
(b) a court makes an order under section 174 permitting the destruction of the thing.
(4) Nothing in this section affects a lien or other security over a thing.
(5) Nothing in this section prevents the return of a document or thing to its owner at any time if the Director considers there is no reason for its continued retention.
(6) In this section "relevant person", in relation to a document or thing, means—
(a) the person from whom the document or thing was seized; or
(b) the owner of the document or thing if the person from whom it was seized is not entitled to possess it.
S. 167A inserted by No. 50/2014 s. 21.