Document ID: chunk:federal_register_of_legislation:C2010A00125:clause:1_53h
Version: federal_register_of_legislation:C2010A00125
Segment Type: clause
Provision Reference: sch 1 cl 53H
Character Range: 38965–40329

53H  Magistrate may permit seized things to be retained
 (1) An inspector may apply to a magistrate for an order that he or she may retain the thing for a further period if:
 (a) before the end of 60 days after the seizure; or
 (b) before the end of a period previously specified in an order of a magistrate under this section;
proceedings in respect of which the thing may afford evidence have not commenced.
 (2) If the magistrate is satisfied that it is necessary for an inspector to continue to retain the thing:
 (a) for the purpose of an investigation as to whether:
 (i) an offence against this Act or the regulations has been committed; or
 (ii) a civil penalty provision has been contravened; or
 (b) to enable:
 (i) evidence of an offence against this Act or the regulations to be secured for the purpose of a prosecution; or
 (ii) evidence of a contravention of a civil penalty provision to be secured for the purpose of civil proceedings;
the magistrate may order that an inspector may retain the thing for a period (not exceeding 3 years) specified in the order.
 (3) 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 whom the inspector believes to have such an interest of the proposed application.