Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_66at
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 66AT
Character Range: 146262–148573

66AT  Magistrate may permit a thing to be kept

 (1) If a person seizes a thing under this Part; and:
 (a) before the end of 60 days after the seizure; or
 (b) before the end of a period previously stated in an order of a magistrate under this section;
proceedings in which the thing may be used in evidence have not been brought, the person may apply to a magistrate for an order that he or she may keep the thing for a further period.

 (2) If the magistrate is satisfied that it is necessary for the person to continue to keep the thing:
 (a) for the purpose of an investigation as to whether an offence has been committed; or
 (b) to enable evidence of an offence to be secured for the purposes of a prosecution;
the magistrate may order that the person may keep the thing for a period stated in the order.

 (3) Before making the application, the person must:
 (a) take reasonable steps to discover who has an interest in the retention of the thing; and
 (b) if it is practicable to do so, give notice of the proposed application to everyone who the person believes has such an interest.

 (4) A function of making an order conferred on a magistrate by this section is conferred on the magistrate in a personal capacity and not as a court or a member of a court.

 (5) Without limiting the generality of subsection (4), an order made by a magistrate under this section has effect only by this Act and is not taken, by implication, to be made by a court.

 (6) A magistrate performing a function of, or connected with, making an order under this section has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the magistrate is a member).

 (7) The Governor‑General may make arrangements with the Governor of a State or the Administrator of the Northern Territory for the performance, by all or any of the people who from time to time hold office as magistrates in that State or Territory, of the function of making orders under this section.

 (8) The Prime Minister may make arrangements with the Chief Minister for the Australian Capital Territory for the performance, by all or any of the people who from time to time hold office as magistrates of that Territory, of the function of making orders under this section.