Document ID: chunk:federal_register_of_legislation:C2004A00600:clause:1_32aha
Version: federal_register_of_legislation:C2004A00600
Segment Type: clause
Provision Reference: sch 1 cl 32AHA
Character Range: 6558–7846

32AHA  Magistrate may permit a thing to be retained

 (1) An investigator may apply to a magistrate for an order under this section in respect of a thing seized under section 32AH if proceedings in respect of which the thing may afford evidence have not commenced 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 an offence against this Act or the regulations has been committed; or
 (b) to enable evidence of an offence against this Act 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.

 (4) Paragraph 32AH(1)(c) continues to apply to the thing throughout the specified period.