Document ID: chunk:federal_register_of_legislation:C2018C00435:clause:8_17
Version: federal_register_of_legislation:C2018C00435
Segment Type: clause
Provision Reference: sch 8 cl 17
Character Range: 92384–93832

17  Magistrate may permit a thing to be retained
 (1) The Secretary may apply to a magistrate for an order permitting the retention of a thing seized under Part 2 of the Regulatory Powers Act, as that Part applies in relation to the levy law and to the information mentioned in subsection 13(2) of this Act, for a further period if proceedings in respect of which the thing may afford evidence have not commenced before the end of:
 (a) 60 days after the seizure; or
 (b) a period previously specified in an order of a magistrate under this section.
 (2) Before making the application, the Secretary 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 Secretary believes to have such an interest of the proposed application.
 (3) Any person notified under paragraph (2)(b) is entitled to be heard in relation to the application.

Order to retain thing
 (4) The 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 the existence or amount of a liability under the levy law; or
 (b) to enable evidence of such a liability to be secured for the purposes of recovering levy or late payment penalty.
 (5) The period specified must not exceed 3 years.