Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:2_21
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 2 cl 21
Character Range: 117307–118408

21  Magistrate may order that thing be retained

 (1) The magistrate may order that the authorised officer who made an application under clause 20 may retain the thing if the magistrate is satisfied that it is necessary for the authorised officer to do so:
 (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.

 (2) The order must specify the period for which the authorised officer may retain the thing.

 (3) A power conferred on a magistrate by this clause is conferred on the magistrate in a personal capacity and not as a court or a member of a court.

 (4) The magistrate need not accept the power conferred.

 (5) A magistrate exercising a power under this clause has the same protection and immunity as if he or she were exercising that power as, or as a member of, the court of which the magistrate is a member.

Note: This clause corresponds closely to section 252E of the Migration Act 1958.

Division 5—Law applying to detainee in State or Territory prison etc.