Victorian Numbered Acts

CONSUMER AFFAIRS LEGISLATION AMENDMENT ACT 2014 (NO. 50 OF 2014) - SECT 12

For section 129 of the Australian Consumer Law and Fair Trading Act 2012 substitute —

        "     129     Retention and return of seized documents

    (1)     Subject to subsection (2), the Director must take reasonable steps to ensure that a document that the Director has seized under this Division is returned to the relevant person within 3 months after its seizure.

    (2)     The Director is only required to return a document under subsection (1) if the Director is satisfied that—

        (a)     the document is not required (or is no longer required) for the purpose for which it was seized; and

        (b)     the continued retention of the document is not necessary to prevent the document being used in a way that would justify its seizure under section 127(c); and

        (c)     the document is not subject to a dispute as to ownership which would be appropriately resolved by making an application under section 129A for the return of the document.

    (3)     This section does not apply if the Magistrates' Court makes an order under section 130 extending the period during which the document may be retained.

    (4)     Nothing in this section prevents the return of a document to its owner at any time if the Director considers there is no reason for its continued retention.

    (5)     In this section "relevant person", in relation to a document, means—

        (a)     the person from whom the document was seized; or

        (b)     the owner of the document if the person from whom it was seized is not entitled to possess it.

        129A     Application for return of seized document

    (1)     For the purposes of section 129(2)(c), an application for the return of a document seized under this Division may be made to the Magistrates' Court by—

        (a)     the person from whom it was seized; or

        (b)     a person who claims to be the owner.

    (2)     A person who makes an application under subsection (1) must serve a copy of the application on the Director.

    (3)     The Director is entitled to appear before the Magistrates' Court and be heard in relation to an application under subsection (1).

    (4)     The Magistrates' Court may make an order for the return of the document to the person from whom it was seized or, if that person is not entitled to possess it, to the owner, if the Court is satisfied that—

        (a)     the document is not required (or is no longer required) for the purpose for which it was seized; and

        (b)     the continued retention of the document is not necessary to prevent the document being used in a way that would justify its seizure under section 127(c).".