Forfeiture of seized things
265 Forfeiture of seized things
S. 265 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
Any thing (including a document) that an authorised officer has seized and retained under this Part is forfeited to the Authority if the Authority—
cannot find the owner despite making reasonable enquiries; or
cannot return it to the owner despite making reasonable efforts; or
considers it necessary to retain the thing to prevent the commission of an offence against this Act or the regulations.
If a thing is forfeited to the Authority under subsection (1)(c), the Authority must give the owner written notice and set out how the owner may apply to VCAT for review of the decision to forfeit the thing, unless the Authority cannot find the owner despite making reasonable enquiries.
This provision refers to the regulations (the regulations
). Made under this Act:
- Environment Protection Further Revocation Regulations 2021 · under section 465
- Environment Protection Regulations 2021 · under section 465
This Act’s bill:Explanatory memorandumSecond reading speech
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