Victorian Current Acts

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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 108

Return of seized things

    (1)     As soon as possible after an inspector seizes any thing (including a document) under this Part the Authority must return the thing to the owner unless—

        (a)     the Authority considers it necessary to retain the thing because it may afford evidence in proceedings, that have been or may be commenced, for an offence against this Act or the regulations; or

        (b)     the thing is forfeited to the Authority under section 109; or

        (c)     the Authority is otherwise authorised (by a law or court order) to retain, destroy or dispose of the thing.

    (2)     The thing may be returned either unconditionally or on such terms and conditions as the Authority considers appropriate to eliminate or reduce any risks to health or safety.

    (3)     If the Authority imposes terms or conditions on the return of a thing, the owner must comply with each of those terms and conditions.

Penalty:     60 penalty units for a natural person;

300 penalty units for a body corporate.



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