Victorian Current Acts

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ABORIGINAL HERITAGE ACT 2006 - SECT 179

Return of seized things

    (1)     Subject to section 178, this section applies if an authorised officer or Aboriginal heritage officer has seized a thing under this Act.

    (2)     If an authorised officer or Aboriginal heritage officer is satisfied that—

        (a)     the thing is not required (or is no longer required) as evidence of an offence against this Act; and

        (b)     the continued retention of the thing is not necessary to prevent the thing being used to continue, or repeat, an offence against this Act; and

        (c)     the thing is not subject to a dispute as to ownership, which would be appropriately resolved by making an application under subsection (3) for the return of the thing—

the authorised officer or Aboriginal heritage officer must take reasonable steps to return the thing to the person from whom it was seized or to the owner if the person from whom it was seized is not entitled to possess it.

    (3)     An application for the return of the thing may be made to the relevant tribunal or court by—

        (a)     the person from whom it was seized; or

        (b)     a person who claims to be the owner; or

        (c)     an authorised officer or Aboriginal heritage officer.

    (4)     If the relevant tribunal or court is satisfied that—

        (a)     the thing is not required (or is no longer required) as evidence of an offence against this Act; and

        (b)     the continued retention of the thing is not necessary to prevent the thing being used to continue, or repeat, an offence against this Act—

the relevant tribunal or court may make an order for the return of the thing to the person from whom it was seized or to the owner if that person from whom it was seized is not entitled to possess it.

    (5)     Nothing in this section affects a lien or other security over the thing.

    (6)     Any thing seized under this Act and not claimed within 12 months after the seizure may be destroyed or sold and the proceeds of sale paid to the Consolidated Fund.

    (7)     Before destroying or selling a seized thing under subsection (6), an authorised officer must—

        (a)     attempt to return the thing under subsection (2); or

        (b)     make an application to the relevant tribunal or court under subsection (3).

S. 180 (Heading) amended by No. 11/2016 s. 121(1).



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