66ZRecording and register of seized things

66Z Recording and register of seized things S. 66Z(1) substituted by No. 25/2017 s. 35. (1) All things seized under section 66Y by a police officer must be photographed or otherwise recorded. (2) The Chief Commissioner of Police must establish and maintain a register of things seized under section 66Y. (3) The register must contain the prescribed details for each thing seized. S. 66ZA inserted by No. 21/2016 s. 8. 66ZA Police officer must provide receipt for seized things (1) As soon as practicable after seizing a thing under section 66Y, a police officer must— (a) give the registrable offender a receipt for the thing; or (b) if the registrable offender refuses to accept the receipt, leave the receipt in a conspicuous place at the premises being searched. (2) A receipt must— (a) contain the prescribed information; and (b) be signed in accordance with the regulations. S. 66ZB inserted by No. 21/2016 s. 8. 66ZB Retention of seized things by Chief Commissioner of Police The Chief Commissioner of Police may retain any thing seized under section 66Y for as long as— (a) one of the following conditions are met— (i) if the thing was seized under section 66Y(a)(i), the police officer suspects on reasonable grounds that the thing will compromise the registrable offender's compliance with a condition of the prohibition order to which the monitoring condition relates; (ii) if the thing was seized under section 66Y(a)(ii), the police officer suspects on reasonable grounds that the thing relates to behaviour or conduct associated with an increased risk of the registrable offender contravening a condition to which the monitoring condition relates; (iii) in any case, the thing is reasonably required for the purposes of an investigation of, or a proceeding for, an offence against this Act or any other Act; and (b) the thing is not subject to forfeiture, destruction or disposal under any other Act. S. 66ZC inserted by No. 21/2016 s. 8. 66ZC Return of seized property—retrieval notices (1) If the Chief Commissioner of Police is no longer authorised under section 66ZB(a) to retain a thing seized under section 66Y, the Chief Commissioner of Police must make reasonable efforts to notify in writing— (a) the registrable offender; or (b) if the Chief Commissioner believes that the registrable offender is not the owner of the thing, another person who the Chief Commissioner of Police believes to be the owner of the seized thing. (2) A notification under subsection (1) must be given in accordance with the regulations and include any prescribed information. (3) If the Chief Commissioner of Police has made reasonable efforts to notify a person in accordance with this section and the regulations, and the thing has not been retrieved, the thing is to be dealt with under Division 3 of Part 4 of the **Victoria Police Act 2013** as if it were unclaimed property. S. 66ZD inserted by No. 21/2016 s. 8. 66ZD Return of seized property—application to Magistrates' Court (1) The following persons may apply to the Magistrates' Court for the return of a thing seized under section 66Y— (a) the registrable offender; (b) if the registrable offender is not the owner of the thing seized, the owner. (2) The applicant must serve a copy of the application as soon as practicable on the Chief Commissioner of Police. (3) The Magistrates' Court may order the seized thing be returned to the applicant if satisfied on the balance of probabilities that— (a) the Chief Commissioner of Police is not authorised to retain the thing under section 6ZB(a); and (b) the thing is not subject to forfeiture, destruction or disposal under this Act or any other Act. (4) The Magistrates' Court may refuse to make an order under subsection (3) if the Court is satisfied that the applicant is not the owner of the thing. S. 66ZE inserted by No. 21/2016 s. 8. 66ZE Chief Commissioner of Police may apply for disposal order (1) The Chief Commissioner of Police may apply to the Magistrates' Court for an order that a thing seized under section 66Y may be destroyed or disposed of. (2) A copy of an application under subsection (1) must be served on the following persons as soon as practicable— (a) the registrable offender; and (b) if the Chief Commissioner believes that the registrable offender is not the owner of the thing, any other person who the Chief Commissioner of Police believes to be the owner of the seized thing. (3) On an application under this section, the Magistrates' Court may order— (a) that the seized thing be forfeited to the Crown and destroyed or disposed of in accordance with the order; or (b) that the thing be returned to the owner. (4) The Magistrates' Court may order that the seized thing be forfeited to the Crown and destroyed or disposed of in accordance with the order if satisfied on the balance of probabilities that— (a) if the thing was seized under section 66Y(a), the Chief Commissioner of Police is authorised to retain the thing under section 66ZB(a)(i) or (ii); and (b) the thing is no longer reasonably required for the purposes of an investigation of or a proceeding for an offence against this Act or any other Act; and (c) the thing is not subject to forfeiture, destruction or disposal under any other Act. (5) If the Magistrates' Court orders that the seized thing be disposed of by sale, the Court may order that the proceeds of the sale be paid to the owner of the thing. (6) The Magistrates' Court may order that the seized thing be returned to the owner if satisfied on the balance of probabilities that— (a) the Chief Commissioner of Police is not authorised to retain the thing under section 6ZB(a); and (b) the thing is not subject to forfeiture, destruction or disposal under any other Act. (7) An order under subsection (4) or (6) does not take effect until— (a) the day that is 30 days after the day on which the order was made; or (b) if an appeal is made before the expiry of the period referred to in paragraph (a), the appeal is determined. S. 66ZF inserted by No. 21/2016 s. 8. 66ZF Destruction or disposal of seized things with owner's consent The Chief Commissioner of Police may destroy or dispose of a seized thing with the consent of the owner. S. 66ZG inserted by No. 21/2016 s. 8. 66ZG Proceeds of sale or disposal to be paid into Consolidated Fund Subject to an order to the contrary under section 66ZE(5), any amount received from the sale or disposal of seized things under this Division must be paid into the Consolidated Fund. Division 7—Variation, extension and revocation of prohibition orders S. 66ZH inserted by No. 21/2016 s. 8. 66ZH Application to vary or revoke a prohibition order (1) The Chief Commissioner of Police or, subject to subsection (2), the registrable offender may apply to the court for an order varying or revoking a prohibition order. (2) The registrable offender may only apply for the variation or revocation of a prohibition order— (a) if the Chief Commissioner of Police consents to the making of the application; or (b) otherwise, with the leave of the court. (3) An application under subsection (1) must— (c) include an affidavit setting out the grounds on which the variation or revocation of the prohibition order is sought; and (4) The court may grant leave under subsection (2)(b) if satisfied that it is in the interests of justice to do so, having regard to changes in the registrable offender's circumstances, or circumstances affecting the registrable offender, since the prohibition order was made or last varied. (5) As soon as practicable after an application for an order varying or revoking a prohibition order is made, the application must be served on the registrable offender or the Chief Commissioner of Police (as the case requires). S. 66ZI inserted by No. 21/2016 s. 8. 66ZI Application to extend a final prohibition order (1) The Chief Commissioner of Police may apply to the court for an order extending a final prohibition order. (2) An application under subsection (1) must— (c) include an affidavit setting out the grounds on which extension of the final prohibition order is sought; and (3) As soon as practicable after an application for an order extending a final prohibition order is made, the application must be served on the registrable offender. S. 66ZJ inserted by No. 21/2016 s. 8. 66ZJ Considerations in determining whether to vary or revoke interim prohibition orders In determining whether to vary or revoke an interim prohibition order, the court must have regard to— (a) the reasons for making the interim prohibition order; and (b) any change in the registrable offender's circumstances since the interim prohibition order was made or last varied. S. 66ZK inserted by No. 21/2016 s. 8. 66ZK Considerations in varying, revoking or extending final prohibition orders (1) In determining whether to vary, revoke or extend a final prohibition order, the court must have regard to— (a) the reasons for making the final prohibition order; and (b) any change in the registrable offender's circumstances since the final prohibition order was made or last varied; and (c) the matters set out in section 66J; and (d) if the registrable offender is a child, the matters set out in section 66K; and (e) any other matters that the court considers relevant. (2) In determining an application for a variation, revocation or extension of a final prohibition order made against a registrable offender who is a child, the Children's Court may— (a) have regard to the assessment report, and any community treatment report, prepared for the hearing for the final prohibition order; (b) order the preparation of a new assessment report; (c) order the preparation of a community treatment report if— (i) the assessment report prepared for the hearing for the final prohibition order raised concerns about the impact on the child of making the final prohibition order; or (ii) a new assessment report raises concerns about the impact on the child of varying or extending, or not revoking, the final prohibition order. (3) Section 66L applies in respect of a further assessment report ordered under subsection (2)(b), as if the report had been ordered by the Children's Court under section 66L(1). S. 66ZL inserted by No. 21/2016 s. 8. 66ZL Court may vary a prohibition order (1) The court may vary an interim prohibition order if satisfied on the balance of probabilities that— (a) it is necessary to vary the order to reduce the risk that the registrable offender poses to the sexual safety of one or more persons or of children or the community generally pending a final decision about the application for a final prohibition order; or (b) one or more conditions of the order are no longer required to reduce the risk that the registrable offender poses to the sexual safety of one or more persons or of children or the community generally pending a final determination about the application for a final prohibition order; or (c) it is otherwise appropriate to vary the order, having regard to the registrable offender's specific needs. (2) The court may vary a final prohibition order if it is satisfied on the balance of probabilities that— (a) it is necessary to vary the order to reduce the risk that the registrable offender poses to the sexual safety of one or more persons, or of children or the community generally; or (b) one or more conditions of the order are no longer required to reduce the risk that the registrable offender poses to the sexual safety of one or more persons, or of children or the community generally; or (c) it is otherwise appropriate to vary the order, having regard to the registrable offender's specific needs. (3) If the registrable offender is an adult, the court may vary an interim prohibition order— (a) whether or not the registrable offender has been served with a copy of the application for the variation of the interim prohibition order; and (b) whether or not the registrable offender is present when the interim prohibition order is varied. (4) If the court varies a prohibition order, the court must give the registrable offender— (a) a copy of the prohibition order as varied by the order; and (b) a written notice that— (i) states that an order varying the prohibition order has been made; and S. 66ZL(4)(b) (ii)(iii) repealed by No. 25/2017 s. 36. (iv) includes any other prescribed information. (5) The written notice and copy of the prohibition order as varied by the order must— (a) if the registrable offender is before the court, be given to the registrable offender with a copy of the order varying the prohibition order; or (b) if the registrable offender is not before the court, be served on the registrable offender with a copy of the order varying the prohibition order. S. 66ZM inserted by No. 21/2016 s. 8. 66ZM Court may revoke a prohibition order (1) The court may revoke a prohibition order if it is satisfied on the balance of probabilities that the registrable offender does not pose a risk to the sexual safety of one or more persons, or of children or the community generally. S. 66ZM(2)(3) repealed by No. 25/2017 s. 37. S. 66ZN inserted by No. 21/2016 s. 8. 66ZN Court may extend a final prohibition order (1) Subject to subsection (2), the court may extend the duration of a final prohibition order if satisfied, on the balance of probabilities, that it is necessary to extend the duration of the order to reduce the risk that the registrable offender poses to the sexual safety of one or more persons, or of children or the community generally. (2) The court must not extend the duration of a final prohibition order to a date that— (a) if the registrable offender is an adult, is more than 5 years after the day on which the final prohibition order was made; or (b) if the registrable offender is a child, is more than 2 years after the day on which the final prohibition order was made; or (c) in any case, would be after the day on which the registrable offender's reporting period ends. (3) If the court makes an order extending the duration of a final prohibition order, the court must give the registrable offender— (a) a copy of the final prohibition order as extended by the order extending the final prohibition order; and (b) a written notice that— (i) states that an order extending the duration of the final prohibition order has been made; and S. 66ZN(3)(b) (ii)(iii) repealed by No. 25/2017 s. 38. (iv) includes any other prescribed information. (4) The written notice and a copy of the final prohibition order as extended by the order extending the final prohibition order must— (a) if the registrable offender is before the court, be given to the registrable offender with the copy of the order extending the duration of the final prohibition order; or (b) if the registrable offender is not before the court, be served on the registrable offender with a copy of the order extending the duration of the final prohibition order. S. 66ZO inserted by No. 21/2016 s. 8. 66ZO Court may make orders under this Division by consent (1) The court may make an order varying or revoking an interim prohibition order by consent of the parties— (a) without being satisfied as to any matter in section 66ZJ or— (i) section 66ZL(1), in the case of an order varying an interim prohibition order; or (ii) section 66ZM(1), in the case of an order revoking an interim prohibition order; and (b) without conducting a hearing in relation to the particulars of the application unless, in the court's opinion, it is in the interests of justice to do so. (2) The court may make an order varying, revoking or extending a final prohibition order by consent of the parties— (a) without being satisfied as to any matter in section 66ZK or— (i) section 66ZL(2), in the case of an order varying a final prohibition order; or (ii) section 66ZM(1), in the case of an order revoking a final prohibition order; or (iii) section 66ZN(1), in the case of an order extending a final prohibition order; and (b) without conducting a hearing in relation to the particulars of the application unless, in the court's opinion, it is in the interests of justice to do so. (3) For the purposes of subsection (1)(b) and (2)(b), in determining whether it is in the interests of justice to conduct a hearing, the court may take into account whether the registrable offender— (b) is a child; or (c) has impaired intellectual functioning; or (d) is a person in respect of whom a guardianship order is in force; or (e) has the capacity to understand the proceeding; or (f) is subject to some other condition that may prevent the registrable offender from understanding the effect of consenting to the order. Division 8—Contravention of prohibition order S. 66ZP inserted by No. 21/2016 s. 8. 66ZP Offence to contravene prohibition order (1) This section applies to a registrable offender— (a) against whom a prohibition order has been made; and (b) who has been properly notified of the making of the order. (2) The registrable offender must not contravene the prohibition order without reasonable excuse. Penalty: Level 6 imprisonment (5 years maximum). Division 9—Corresponding prohibition orders S. 66ZQ inserted by No. 21/2016 s. 8. 66ZQ Application for registration of corresponding prohibition order (1) The Chief Commissioner of Police may apply for the registration of a corresponding prohibition order— (a) if the corresponding registrable offender is a child, to the Criminal Division of the Children's Court; or (b) in any other case, to the Magistrates' Court. (2) An application for a registration order must— (b) be accompanied by a copy of the corresponding prohibition order; and (c) include an affidavit stating that, at the time of making the application, the corresponding prohibition order is in force in the State or Territory in which it was made; and (d) if the Chief Commissioner of Police seeks to register the corresponding prohibition order with variations— (i) include details of the variations sought; and (ii) include in the affidavit referred to in paragraph (c) the grounds on which those variations are sought. (3) An application for a registration order must be served on the corresponding registrable offender as soon as practicable after the application is made. S. 66ZR inserted by No. 21/2016 s. 8. 66ZR Registration of corresponding prohibition order (1) On application by the Chief Commissioner of Police under section 66ZQ, the court must make an order for the registration of a corresponding prohibition order if satisfied that, at the time the application was made, the corresponding prohibition order was in force in the State or Territory in which it was made. (2) Subject to section 66ZS, the court may vary the conditions of the corresponding prohibition order before making a registration order— (a) as sought in the application; or (b) as the court considers necessary to enable the enforcement of the order as a prohibition order. (3) The court may vary the conditions of a corresponding prohibition order under subsection (2) to include any condition the court could have included in a prohibition order under Division 5 or 6. (4) If the corresponding prohibition order is to be registered without variation, the court may make a registration order without conducting a hearing. (5) If the court makes a registration order without a hearing, as soon as practicable after the order is made, the court must cause the Chief Commissioner of Police to be notified of the registration order. S. 66ZS inserted by No. 21/2016 s. 8. 66ZS Variation of corresponding prohibition order before registration if corresponding registrable offender is a child (1) If the corresponding registrable offender is a child, in determining whether to vary a corresponding prohibition order before registration, the Children's Court must have regard to the matters set out in section 66K. (2) The Children's Court may also— (a) order the preparation of an assessment report; and (b) if the assessment report raises concerns about the impact on the child of varying the corresponding prohibition order, request the preparation of a community treatment report. (3) Section 66L applies in respect of an assessment report ordered under subsection (2)(a), as if the report had been ordered by the Children's Court under section 66L(1). S. 66ZT inserted by No. 21/2016 s. 8. 66ZT Corresponding registrable offender to be notified of registration order (1) If the court makes a registration order, the court must give the corresponding registrable offender a written notice that— (a) states that a registration order has been made; and S. 66ZT (1)(b)(c) repealed by No. 25/2017 s. 39(1). (d) sets out the effect of the registration order, including— S. 66ZT(1)(d)(i) repealed by No. 25/2017 s. 39(1). (ii) that the corresponding prohibition order may be enforced against the corresponding registrable offender under this Act, as if it were a prohibition order; and (iii) that it is an offence to contravene a prohibition order, and the maximum penalties that apply to a contravention; and S. 66ZT(1)(e) amended by No. 25/2017 s. 39(2). (e) that the registration order ceases to have effect if the corresponding prohibition order ceases to have effect in the State or Territory in which it was made; and (2) A written notice under subsection (1) must— (a) if the corresponding registrable offender is before the court, be given to the corresponding registrable offender with a copy of the registration order; or (b) if the registrable offender is not before the court, be served on the corresponding registrable offender with a copy of the registration order. S. 66ZU inserted by No. 21/2016 s. 8. 66ZU Duration of registration order Unless it is earlier revoked, a registration order expires on— (a) the day on which the corresponding prohibition order (as in force at the time of registration) expires; or (b) if the court specifies an earlier day, that day. The expiry of a registration order has no effect on the validity of the corresponding prohibition order. S. 66ZV inserted by No. 21/2016 s. 8. 66ZV Effect of registration order (1) Subject to subsection (2), if a corresponding registrable offender has been properly notified of the making of a registration order, the corresponding prohibition order (whether varied before registration or not) may be enforced against the corresponding registrable offender as if it were a prohibition order. (2) A registration order cannot be enforced against the corresponding registrable offender if the corresponding prohibition order has expired or otherwise has ceased to have effect in the State or Territory in which it was made. A registration order may be revoked under section 66ZZA if the corresponding prohibition order has ceased to have effect in the State or Territory in which it was made. S. 66ZW inserted by No. 21/2016 s. 8. 66ZW No effect in Victoria if corresponding prohibition order varied or extended by interstate court The variation or extension of a corresponding prohibition order by a court of the State or Territory in which it was made after the order is registered under this Division has no effect in Victoria. S. 66ZX inserted by No. 21/2016 s. 8. 66ZX Application for variation of a registration order (1) The Chief Commissioner of Police or, subject to subsection (2), the corresponding registrable offender may apply to the court for an order varying a registration order. (2) The corresponding registrable offender may only apply for an order varying a registration order— (a) if the Chief Commissioner of Police consents to the making of the application; or (b) in any other case, with the leave of the court. (3) The court may grant leave under subsection (2)(b) if satisfied that it is in the interests of justice, having regard to changes in the corresponding registrable offender's circumstances, or circumstances affecting the corresponding registrable offender, since the registration order was made or last varied. (4) As soon as practicable after an application under subsection (1) is made, the application must be served on the corresponding registrable offender or the Chief Commissioner of Police (as the case requires). S. 66ZY inserted by No. 21/2016 s. 8. 66ZY Considerations in making an order varying a registration order (1) In determining whether to vary a registration order, the court must have regard to— (a) the reasons for making the registration order; and (b) any change in the corresponding registrable offender's circumstances since the registration order was made or last varied; and (c) the matters set out in section 66J and, if the corresponding registrable offender is a child, section 66K; and (d) any other matters that the court considers relevant. (2) In determining an application for variation of a registration order made against a corresponding registrable offender who is a child, the Children's Court may— (a) have regard to any assessment report and community treatment report prepared for the hearing for the registration order; (b) order the preparation of a new assessment report; (c) if an assessment report referred to in paragraph (a) or (b) raises concerns about the impact of varying the registration order on the child, order the preparation of a community treatment report. (3) Section 66L applies in respect of an assessment report ordered under subsection (2)(b), as if the report had been ordered by the Children's Court under section 66L(1). S. 66ZZ inserted by No. 21/2016 s. 8. 66ZZ Court may vary a registration order (1) The court may vary a registration order— (a) if satisfied that— (i) there has been a change in the corresponding registrable offender's circumstances since the registration order was made so that a variation is necessary to enable enforcement of the registration order; or (ii) the corresponding prohibition order has been varied in the State or Territory in which it was made, and a corresponding variation of the registration order is appropriate; or (b) in the case of an application for variation made by the corresponding registrable offender, if the Chief Commissioner of Police consents to the variation. (2) The court may vary a registration order to include any condition the court could have included in a prohibition order under Division 5 or 6. (3) If the court varies a registration order, the court must give the corresponding registrable offender a written notice that— (a) states that an order varying the registration order has been made; and S. 66ZZ (3)(b)(c) repealed by No. 25/2017 s. 40. (d) includes any other prescribed information. (4) The written notice must— (a) if the corresponding registrable offender is before the court, be given to the corresponding registrable offender with a copy of the order varying the registration order; or (b) if the corresponding registrable offender is not before the court, be served on the corresponding registrable offender with a copy of the order varying the registration order. S. 66ZZA inserted by No. 21/2016 s. 8. 66ZZA Revocation of a registration order (1) On a written application made by the Chief Commissioner of Police, the court must revoke a registration order if it is satisfied that the corresponding prohibition order is no longer in effect in the State or Territory in which it was made. S. 66ZZA(2)(3) repealed by No. 25/2017 s. 41. Division 10—Miscellaneous S. 66ZZB inserted by No. 21/2016 s. 8. 66ZZB Court may prohibit publication of proceedings (1) The court may order that a person must not publish, or cause to be published, a report of a proceeding under this Part or about an order made under this Part that contains any particulars likely to lead to the identification of— (a) the registrable offender or corresponding registrable offender; or (b) a victim of an offence committed by the registrable offender or corresponding registrable offender; or (c) any person protected by a prohibition order, a registration order or a corresponding prohibition order. (2) For the purposes of subsection (1), the particulars likely to lead to the identification of a person include, but are not limited to, the following— (a) the person's name, title, pseudonym or alias; (b) the address of any premises at which the person lives or works, or the locality in which the premises are situated; (c) the address of a school attended by the person or the locality in which the school is situated; (d) the physical description or the style of dress of the person; (e) any employment or occupation engaged in, profession practised or calling pursued by, the person or any official or honorary position held by the person; (f) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; (g) the recreational interests or the political, philosophical or religious beliefs or interests of the person; (h) any real or personal property in which the person has an interest or with which the person is associated. (3) An order under subsection (1) does not prohibit the publication of particulars that are likely to lead to the identification of a registrable offender by— (a) the Chief Commissioner of Police under section 61A(1); or (b) if those particulars have been published by the Chief Commissioner of Police under section 61A(1), any other person. S. 66ZZC inserted by No. 21/2016 s. 8. 66ZZC Chief Commissioner of Police may disclose personal information about prohibition orders and registration orders (1) If the Chief Commissioner of Police believes on reasonable grounds that the disclosure is necessary for the purposes of an order made under this Part (other than an order made under section 66ZD or 66ZE), the Chief Commissioner may disclose personal information relating to the order or the registrable offender or corresponding registrable offender against whom the order was made— (a) if the registrable offender or corresponding registrable offender is a child, to a parent of the child; or S. 66ZZC(1)(b) amended by No. 55/2025 s. 72. (b) to a parent of a named child protected by the order; or (c) subject to subsection (2), to any other person. (2) The Chief Commissioner of Police may only disclose information under subsection (1)(c) if the disclosure is reasonably necessary for the enforcement of the order. (3) If the Chief Commissioner of Police discloses information to a person under this section, the disclosure must— (b) state that it is an offence for the person to disclose personal information to another person. (4) A person to whom personal information has been disclosed in accordance with this section must not disclose that information to any person. Penalty: 60 penalty units or imprisonment for 6 months or both. S. 66ZZD inserted by No. 21/2016 s. 8. 66ZZD Service of orders and applications made by Chief Commissioner of Police (1) An application made by the Chief Commissioner of Police under this Part (other than an application under section 66ZF) must be served personally on the registrable offender or corresponding registrable offender by a police officer. (2) If the court makes a prohibition order or a registration order, or an order varying, revoking or extending a prohibition order or registration order, a copy of the order must be served personally on the registrable offender or corresponding registrable offender by a police officer. (3) The court may not make an order for substituted service in respect of an application or order referred to in this section. Pt 5 (Heading) amended by No. 25/2017 s. 42.