Document ID: chunk:federal_register_of_legislation:C2014C00508:clause:3_301
Version: federal_register_of_legislation:C2014C00508
Segment Type: clause
Provision Reference: sch 3 cl 301
Character Range: 352684–353928

301  Subsections 141(2) and (3) of the Code set out in the Schedule
Repeal the subsections, substitute:
 (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 an offence against an agvet law has been committed or an agvet 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 an agvet law 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.