Document ID: chunk:federal_register_of_legislation:C2024C00556:section:32aho
Version: federal_register_of_legislation:C2024C00556
Segment Type: section
Provision Reference: s 32AHO
Character Range: 176183–177469

32AHO  Magistrate may permit a thing to be retained
 (1) A magistrate may, on application made by an investigator, make an order under this section in respect of a thing seized, as allowed by a warrant or section 32AH, if proceedings in respect of which the thing may afford evidence have not commenced, or there is a reasonable likelihood that such proceedings will not commence, by the later of the following times:
 (a) the end of 60 days after the seizure;
 (b) if a previous order has been made under this section in respect of the thing—the end of the period specified in the previous order.
 (2) Before making the application, the investigator 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 such person of the proposed application.
 (3) If the magistrate is satisfied that it is necessary for the investigator to continue to retain the thing:
 (a) for the purposes of an investigation as to whether a civil aviation offence has been committed; or
 (b) to enable evidence of a civil aviation offence to be secured for the purposes of a prosecution;
the magistrate may order that the investigator may retain the thing for a period (not exceeding 90 days) specified in the order.