VICIn ForceAct
Confiscation Act 1997
120Ministerial arrangements for transmission of documents or information
Start here
Get a plain-English read of 120
Turn the raw legal text into a practical explanation grounded in Confiscation Act 1997.
120 Ministerial arrangements for transmission of documents or information
(1) The Minister may enter into arrangements with a Minister to whom the administration of a corresponding law is committed under which—
(a) documents or things seized, copies or extracts of documents produced, and information obtained under this Part in respect of an interstate offence—
(i) are to be transmitted to the appropriate law enforcement agency in the place where the corresponding law is in force for the purposes of investigation of, or proceedings in respect of, that offence; and
S. 120(1)(a)(ii) amended by No. 43/1998
s. 39(f).
(ii) when no longer required for those purposes, are to be returned, unless disposed of by order or direction of a court, to the Chief Commissioner of Police in Victoria; and
S. 120(1)(b) amended by No. 87/2004 s. 22(2)(p).
(b) documents or things seized, copies or extracts of documents produced, and information obtained under the corresponding law in respect of a Schedule 1 offence—
S. 120(1)(b)(i) amended by No. 43/1998
s. 39(g).
(i) are to be transmitted to the Chief Commissioner of Police in Victoria; and
(ii) when no longer required for the purposes of investigation of, or proceedings in respect of the offence, are to be returned, unless disposed of by order or direction of a court, to the appropriate law enforcement agency in the place in which they were seized.
(2) The owner of a document or thing returned to the Chief Commissioner of Police in accordance with arrangements under subsection (1) is entitled to its return.
(3) The right referred to in subsection (2) is enforceable by action in detinue in a court of competent jurisdiction.
Pt 13 Div. 6 (Heading and ss 120A–120E) inserted by No. 63/2003 s. 31.