Document ID: chunk:federal_register_of_legislation:C2024C00561:section:128
Version: federal_register_of_legislation:C2024C00561
Segment Type: section
Provision Reference: s 128
Character Range: 184712–185781

128  Authorised officer etc. may apply to retain document for a further period
 (1) An authorised officer of the ESOS agency for a registered provider given a document under this Division, or another person (the permitted person) who is retaining such a document under section 125, may apply to a magistrate or ART member for an order that the officer or permitted person may retain the document for a further period.

Time limit for application
 (2) The application must be made before the end of:
 (a) 60 days after the document was given to the authorised officer; or
 (b) a period previously specified in an order of a magistrate or ART member under section 129.

Persons affected by notice to be notified if practicable
 (3) Before making the application, the officer or permitted person must:
 (a) take reasonable steps to discover which persons' interests would be affected by the retention of the document; and
 (b) if it is practicable to do so, notify each person who the officer or permitted person believes to be such a person of the proposed application.