Document ID: chunk:federal_register_of_legislation:C2004A00872:clause:1_252e
Version: federal_register_of_legislation:C2004A00872
Segment Type: clause
Provision Reference: sch 1 cl 252E
Character Range: 14041–14995

252E  Magistrate may order that thing be retained

 (1) The magistrate may order that the authorised officer who made an application under section 252D 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 section 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 section 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.