Document ID: chunk:federal_register_of_legislation:C2024C00644:clause:2_20
Version: federal_register_of_legislation:C2024C00644
Segment Type: clause
Provision Reference: sch 2 cl 20
Character Range: 326439–327497

20  Authorised officer may apply for a thing to be retained for a further period
 (1) This clause applies if an authorised officer has taken possession of a thing referred to in subclause 19(4) and proceedings in respect of which the thing might provide evidence have not commenced before the end of:
 (a) 60 days after the authorised officer takes possession of the thing; or
 (b) a period previously specified in an order of a magistrate under clause 21.
 (2) The authorised officer may apply to a magistrate for an order that the officer may retain the thing for a further period.
 (3) Before making the application, the authorised officer must:
 (a) take reasonable steps to discover which persons' interests would be affected by the retention of the thing; and
 (b) if it is practicable to do so, notify each person who the authorised officer believes to be such a person of the proposed application.
Note: This clause corresponds closely to section 252D of the Migration Act 1958.
 (4) A notice under paragraph (3)(b) is not a legislative instrument.