Victorian Numbered Regulations

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CORONERS COURT RULES 2019 (SR NO 97 OF 2019) - REG 62

Release of seized, taken or received things or samples

    (1)     A person may apply to the Coroners Court for a seized, taken or received thing or sample to be released to the person.

    (2)     An application under paragraph (1) must be in Form 34.

    (3)     Subject to paragraph (5), if a seized, taken or received thing or sample is no longer required to be held, the Coroners Court may make an order for—

        (a)     release of the thing or sample to its owner; or

        (b)     if the owner of the thing or sample cannot be identified or found—

              (i)     release of the thing or sample to a person who has applied for release of the thing or sample under paragraph (1); or

              (ii)     release of the thing or sample to a specified person.

    (4)     An order under paragraph (3) must be in Form 36.

    (5)     An order under paragraph (3) must not be made unless—

        (a)     a person can be specified to whom it is appropriate that the thing or sample be released; and

        (b)     it is safe for the thing or sample to be released.



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