Document ID: chunk:federal_register_of_legislation:C2004A00789:clause:1_107eb
Version: federal_register_of_legislation:C2004A00789
Segment Type: clause
Provision Reference: sch 1 cl 107EB
Character Range: 33151–34577

107EB  Magistrate may permit a thing seized under a search warrant etc. to be retained

 (1) If a thing is seized as evidential material by an officer under a search warrant or section 9 of the Crimes Act 1914, and:
 (a) before the end of 120 days after the seizure; or
 (b) before the end of a period previously specified in a magistrate's order under this section;
proceedings in respect of which the thing may afford evidence have not been started, an officer may apply to a magistrate for an order that the thing be retained.

 (2) If the magistrate is satisfied:
 (a) that it is necessary for the retention of the thing to be continued:
 (i) for the purposes of an investigation as to whether an offence has been committed; or
 (ii) to enable evidence of an offence to be assembled for the purposes of a prosecution; and
 (b) that there has been no avoidable delay in conducting the investigation or assembling the evidence concerned;
the magistrate may order that the thing be retained for a period specified in the order.

 (3) Before making the application, the officer 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 whom the officer believes to have such an interest of the proposed application.

Subdivision F—Dealing with forfeited goods seized under a seizure warrant or section 9 of the Crimes Act 1914