Document ID: chunk:federal_register_of_legislation:C2024C00508:section:141
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 141
Character Range: 370347–371986

141  Magistrate may permit a thing to be kept
 (1) If:
 (a) before the end of 60 days after an inspector seizes a thing under an investigation warrant; or
 (b) before the end of a period previously stated in an order under this section in respect of a thing seized by an inspector as mentioned in paragraph (a);
proceedings in which the thing may be used in evidence have not been brought, the inspector may apply to a magistrate for an order that he or she may keep the thing for a further period.
 (2) Before making the application, the inspector 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, notify each person who the inspector believes has such an interest of the proposed application.

Order to retain thing
 (3) A magistrate may order that the thing may continue to be retained for a period specified in the order if the magistrate is satisfied that it is necessary for the thing to continue to be retained:
 (a) for the purposes of an investigation as to whether an offence against an agvet law has been committed or an agvet penalty provision has been contravened; or
 (b) for the purposes of an investigation as to whether an offence against the Crimes Act 1914 or the Criminal Code that relates to an agvet law has been committed; or
 (c) to enable evidence of:
 (i) an offence mentioned in paragraph (a) or (b) to be secured for the purposes of a prosecution; or
 (ii) a contravention mentioned in paragraph (a) to be secured for the purposes of proceedings for a civil penalty order.
 (4) The period specified must not exceed 3 years.