170Return of seized things

170 Return of seized things

(1) As soon as possible after an authorised officer seizes or obtains a thing (including a document) under this Part, the authorised officer must return the thing to the owner unless—

(a) the Head, Recycling Victoria considers it necessary to retain the thing because it may afford evidence in a proceeding that has been, or may be, commenced for an offence against this Act or the regulations; or

(b) the thing is forfeited to the Head, Recycling Victoria under section 171; or

(c) the Head, Recycling Victoria is otherwise authorised, whether by an Act or other law or by a court order, to retain, destroy or dispose of the thing.

(2) The Head, Recycling Victoria may return the thing unconditionally or on such terms and conditions as the Head, Recycling Victoria considers appropriate to minimise the risks of harm to human health or the environment from pollution or waste.

(3) If the Head, Recycling Victoria imposes terms and conditions on the return of a thing under subsection (2), the owner of the thing must comply with those terms and conditions.

In the case of a body corporate, 300 penalty units.