Document ID: chunk:federal_register_of_legislation:C2010A00125:clause:1_55b
Version: federal_register_of_legislation:C2010A00125
Segment Type: clause
Provision Reference: sch 1 cl 55B
Character Range: 46322–47841

55B  Magistrate may permit books, records or documents to be retained
 (1) An inspector may apply to a magistrate for an order that he or she may retain the book, record or document for a further period if:
 (a) before the end of 60 days after the removal or production of the book, record or document; 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 book, record or document may afford evidence have not commenced.
 (2) If the magistrate is satisfied that it is necessary for an inspector to continue to retain the book, record or document:
 (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 book, record or document 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 book, record or document; 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.