Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:2_3zqz
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 2 cl 3ZQZ
Character Range: 91051–92105

3ZQZ  Magistrate may permit a thing seized under Division 3 to be retained

 (1) The Commissioner may apply to a magistrate for an order under this section that a thing seized under Division 3 may be retained for a period if the application is made:
 (a) before the end of 60 days after the seizure; or
 (b) before the end of a period previously specified in an order in relation to the thing under this section.

 (2) If the magistrate is satisfied that the thing is being used, or is required to be used, for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, the magistrate may order that the thing may be retained for the period specified in the order.

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

Subdivision D—Returning things seized under Division 3A