Victorian Current Acts Victorian Current Acts(1) If a dispute arises as to whom a thing seized by an inspector under this Part should be returned, any person seeking possession of the thing may apply to the Magistrates' Court for an order that the thing be given to that person.
(2) The person making the application must give notice of the application to the inspector and to every other person that the person should reasonably be aware claims, or may have a claim to, possession or ownership of the thing.
(3) On receiving notice of an application relating to a thing, the inspector who seized the thing must retain possession of the thing until the application is determined, abandoned or withdrawn.
(4) After hearing an application, the Magistrates' Court may order the inspector to give the thing to a particular person if it is satisfied—
(a) that at the time of making the order, the person has a better claim to the possession of the thing than any other person; and
(b) that every other person whom the Court reasonably believes may have had a claim for possession or ownership of the thing was given notice of the application.
(5) The inspector must comply with the order.
(6) Subsection (4) applies regardless of whether or not the particular person was the applicant.
S. 24ZM inserted by No. 65/2007 s. 95.