Document ID: chunk:federal_register_of_legislation:C2024A00091:section:44
Version: federal_register_of_legislation:C2024A00091
Segment Type: section
Provision Reference: s 44
Character Range: 71841–73518

44  Extension of period for securing a thing

Application for extension
 (1) An inspector may apply to an issuing officer for an extension of the 72‑hour period referred to in subsection 42(1) if the inspector reasonably believes that the thing needs to be secured for longer than that period.
 (2) Before making the application, the inspector must give notice, to a relevant person in relation to the monitoring area where the thing was found, of the inspector's intention to apply for an extension. A relevant person in relation to the monitoring area is entitled to be heard in relation to that application.

Granting the extension
 (3) The issuing officer may, by order, grant an extension of the period if the issuing officer is satisfied, by information on oath or affirmation, that it is necessary:
 (a) to secure the thing in order to prevent it from being concealed, lost or destroyed during the period; and
 (b) to secure the thing because the circumstances are serious and urgent.
 (4) However, the issuing officer must not grant the extension unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the extension is being sought.
 (5) The order extending the period must:
 (a) describe the thing to which the order relates; and
 (b) state the period for which the extension is granted; and
 (c) state that the order is made under this section; and
 (d) state that the inspector (or a person assisting the inspector) is authorised to secure the thing for that period.
 (6) The period may be extended more than once.