Document ID: chunk:federal_register_of_legislation:C2019C00013:section:40
Version: federal_register_of_legislation:C2019C00013
Segment Type: section
Provision Reference: s 40
Character Range: 42708–43798

40  Court of summary jurisdiction may permit a thing to be retained
 (1) If a thing is seized under a warrant issued under section 31 or 37, and:
 (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 court under this section;
proceedings in respect of which the thing may afford evidence have not begun, a member of the warrant team may apply to a court of summary jurisdiction for an order that he or she may retain the thing for a further period.
 (2) If the court is satisfied that it is necessary for the team to continue to retain the thing:
 (a) for the purposes of an investigation as to whether an offence against this Act has been committed; or
 (b) to enable evidence of such an offence to be secured for the purposes of a prosecution;
the court may order that the team may retain the thing for the period specified in the order.
 (3) Before the court hears the application, it may require notice of the application to be given to such persons as the court thinks fit.

Division 6—General rules about warrants