Victorian Numbered Acts

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HEAVY VEHICLE NATIONAL LAW APPLICATION ACT 2013 (NO. 30 OF 2013) - SECT 8

Return of seized things or samples

Section 556 of the Heavy Vehicle National Law (Victoria) applies as if after section 556(4) there were inserted—

    "(4A)     If the relevant tribunal or court is not satisfied as set out in subsection (4), it may—

        (a)     make an order for the return of the thing or sample to the person from whom it was seized or to the owner if that person is not entitled to possess it; or

        (b)     make an order that the thing or sample be forfeited to the State and—

              (i)     destroyed in accordance with the order; or

              (ii)     sold in accordance with the order and the proceeds of the sale paid into the Consolidated Fund.

    (4B)     An order made under subsection (4A)(b) cannot take effect before the end of any applicable appeal period or the determination of any appeal made within that period.".



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