Document ID: chunk:federal_register_of_legislation:C2004A00398:clause:3_11j
Version: federal_register_of_legislation:C2004A00398
Segment Type: clause
Provision Reference: sch 3 cl 11J
Character Range: 37159–39297

11J  Magistrate may permit a thing to be kept

 (1) If a person seizes a thing under this Part; and:
 (a) before the end of 60 days after the seizure; or
 (b) before the end of a period previously stated in an order of a magistrate under this section;
proceedings in which the thing may be used in evidence have not been brought, the officer may apply to a magistrate for an order that he or she may keep the thing for a further period.

 (2) If the magistrate is satisfied that it is necessary for the authorized officer to continue to keep the thing:
 (a) for the purposes of an investigation as to whether an offence has been committed; or
 (b) to enable evidence of an offence to be secured for the purposes of a prosecution;
the magistrate may order that the officer may keep the thing for a period stated in the order.

 (3) Before making the application, the authorized officer 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 authorized officer believes to have such an interest of the proposed application.

 (4) A function of making an order conferred on a magistrate by this section is conferred on the magistrate in a personal capacity and not as a court or a member of a court.

 (5) Without limiting the generality of subsection (4), an order made by a magistrate under this section has effect only by virtue of this Act and is not taken, by implication, to be made by a court.

 (6) A magistrate performing a function of, or connected with, making an order under this section has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the magistrate is a member).

 (7) The Governor‑General may make arrangements with the Governor of a State, the Chief Minister for the Australian Capital Territory or the Administrator of the Northern Territory for the performance, by all or any of the persons who from time to time hold office as magistrates in that State or Territory, of the function of making orders under this section.