Victorian Repealed Acts

This legislation has been repealed.

Health Act 1958 - SECT 408

Remedy to persons for things seized

408. Remedy to persons for things seized





(1) Any person claiming any substance or animal or thing seized under this Act
may within 72 hours after the seizure complain thereof by giving notice of the
complaint in the prescribed form to a magistrate and a copy thereof to the
authorized officer responsible for the seizure.





(1A) The complaint shall be heard and determined by the Magistrates' Court
which (after hearing the evidence) may either confirm or disallow the seizure
wholly or in part and make an order accordingly.

(2) If no such complaint is made or if the seizure is confirmed each substance
or animal or thing seized-





   (a)  shall thereupon become the property-

   (i)  of the council if the seizure is made by an officer of the council; or

   (ii) of the Crown if the seizure is made by an officer of the Department or
        a member of the police force; and

   (b)  shall be destroyed or otherwise disposed of.