Document ID: chunk:federal_register_of_legislation:C2014C00508:clause:3_69egc
Version: federal_register_of_legislation:C2014C00508
Segment Type: clause
Provision Reference: sch 3 cl 69EGC
Character Range: 209414–211103

69EGC  Magistrate may permit a thing to be kept
 (1) If:
 (a) before the end of 60 days after an inspector seizes a thing under an investigation warrant; or
 (b) before the end of a period previously stated in an order under this section in respect of a thing seized by an inspector as mentioned in paragraph (a);
proceedings in which the thing may be used in evidence have not been brought, the inspector may apply to a magistrate for an order that he or she may keep the thing for a further period.
 (2) Before making the application, the inspector 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 person who the inspector believes has such an interest of the proposed application.

Order to retain thing
 (3) A magistrate may order that the thing may continue to be retained for a period specified in the order if the magistrate is satisfied that it is necessary for the thing to continue to be retained:
 (a) for the purposes of an investigation as to whether:
 (i) an offence against this Act or the Collection Act has been committed; or
 (ii) a civil penalty provision has been contravened; or
 (b) for the purposes of an investigation as to whether an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the Collection Act has been committed; or
 (c) to enable evidence of:
 (i) an offence mentioned in paragraph (a) or (b) to be secured for the purposes of a prosecution; or
 (ii) a contravention mentioned in paragraph (a) to be secured for the purposes of proceedings for a civil penalty order.
 (4) The period specified must not exceed 3 years.