Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:2_3zqzb
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 2 cl 3ZQZB
Character Range: 93502–94993

3ZQZB  Magistrate may permit a thing seized under Division 3A to be retained, forfeited etc.

 (1) If subsection 3ZQZA(3) applies, the Commissioner may apply to a magistrate for an order in relation to the thing.

 (2) The magistrate must, in determining an application by the Commissioner under subsection (1), allow the owner of the thing to appear and be heard.

 (3) If the magistrate is satisfied that the thing is being used, or is required to be used, for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, the magistrate may order that the thing may be retained for the period specified in the order.

 (4) If the magistrate is satisfied that there are reasonable grounds to suspect that, if the thing is returned to the owner, the thing is likely to be used by the owner or another person in the commission of a terrorist act, a terrorism offence or a serious offence, the magistrate may make any of the following orders:
 (a) that the thing may be retained for the period specified in the order;
 (b) that the thing is forfeited to the Commonwealth;
 (c) that the thing is to be sold and the proceeds given to the owner;
 (d) that the thing is to be otherwise sold or disposed of.

 (5) If the magistrate is not satisfied as mentioned in subsection (3) or (4), the magistrate must order that the thing be returned to the owner.

 (6) In this section:

terrorist act has the same meaning as in subsection 100.1(1) of the Criminal Code.