Document ID: chunk:federal_register_of_legislation:F2024C00997:reg:98
Version: federal_register_of_legislation:F2024C00997
Segment Type: reg
Provision Reference: reg 98
Character Range: 99679–100825

98  Magistrate may permit a thing to be retained
 (1) A police officer may apply to a magistrate for an order permitting the retention of the thing for a further period if:
 (a) before the end of 60 days after the seizure; 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 thing may afford evidence have not been instituted.
 (2) If the magistrate is satisfied that it is necessary for the thing to continue to be retained:
 (a) for the purposes of an investigation in respect of an offence against this Ordinance; or
 (b) to enable evidence of an offence against this Ordinance to be secured for the purposes of a prosecution;
the magistrate may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).
 (3) Before making the application, the police 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 whom the officer believes to have such an interest of the proposed application.