Victorian Current Acts

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Journey may be completed despite seizure of required thing

    (1)     This section applies if, during a search, an inspector seizes from a vehicle in transit any thing that is required by law to be carried in or on the vehicle while the vehicle is being driven.

    (2)     At the conclusion of the search the driver, or two-up driver, of the vehicle may complete the journey that he or she was undertaking at the time the search was conducted despite the seizure of the thing, and he or she does not commit any offence by doing so.

    (3)     For the purposes of this section, a journey is completed at any time a vehicle reaches its driver base, even if it was intended that the original journey would take it beyond that base.

    (4)     This section does not apply if the driver of the vehicle is asked to produce the thing that was seized and he or she fails to produce in response to that request the copy of the thing, or the receipt for the thing, that was given under section 139.

    (5)     This section does not apply at any time after the further use of the vehicle has been lawfully prohibited.

    (6)     If the thing seized is evidence that a person is authorised to carry out an activity under a law, this section also does not apply at any time after the authority to carry out that activity is suspended or cancelled.

S. 142 inserted by No. 44/2003 s. 3.

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