34Return of seized things

34 Return of seized things

S. 34(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.4(a)).

(1) If a seized thing has not been forfeited under this Part, the person entitled to the thing may apply to the Chief Executive of Safe Transport Victoria for the return of the thing after the end of 6 months after it was seized.

S. 34(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.4(b)).

(2) The Chief Executive of Safe Transport Victoria must return the thing to the applicant under subsection (1) unless the Chief Executive of Safe Transport Victoria has reasonable grounds to retain the thing.

(3) For the purposes of subsection (2), a reasonable ground to retain the thing is—

S. 34(3)(a) amended by No. 41/2019 s. 41(a).

(a) for the purposes of an investigation into whether an offence has been committed against this Act or a transport safety law; or

S. 34(3)(b) amended by No. 41/2019 s. 41(a).

(b) to enable evidence of an offence against this Act or a transport safety law to be obtained for the purposes of a prosecution; or

(c) because the thing is, or is likely to be, required for the purposes of—

S. 34(3)(c)(i) amended by No. 41/2019 s. 41(b)(i).

(i) an investigation into a bus safety matter; or

S. 34(3)(c)(ii) amended by No. 41/2019 s. 41(b)(ii).

(ii) an audit under Division 3 of Part 3 of the Bus Safety Act 2009.

S. 34(4) amended by No. 34/2023 s. 127(Sch. 1 item 18.4(b)).

(4) The Chief Executive of Safe Transport Victoria may impose any conditions on the return of the thing under this section that the Chief Executive of Safe Transport Victoria considers appropriate to eliminate or minimise any risk to safety related to the thing.

person entitled to a thing means the person entitled to possess the thing or the owner of the thing.