Document ID: chunk:federal_register_of_legislation:C2024C00118:section:67
Version: federal_register_of_legislation:C2024C00118
Segment Type: section
Provision Reference: s 67
Character Range: 78656–80257

67  Issuing officer may permit a thing to be retained
 (1) The relevant chief executive may apply to an issuing officer for an order permitting the retention of a thing seized under this Part for a further period if proceedings in respect of which the thing may afford evidence have not commenced before the end of:
 (a) 60 days after the seizure; or
 (b) a period previously specified in an order of an issuing officer under this section.
 (2) Before making the application, the relevant chief executive 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 whom the relevant chief executive believes to have such an interest of the proposed application.
 (3) Any person notified under paragraph (2)(b) is entitled to be heard in relation to the application.

Order to retain thing
 (4) The issuing officer may order that the thing may continue to be retained for a period specified in the order if the issuing officer 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 provision or a civil penalty provision that is subject to investigation under this Part has been contravened; or
 (b) for the purposes of an investigation as to whether a related provision has been contravened; or
 (c) to enable evidence of a contravention mentioned in paragraph (a) or (b) to be secured for the purposes of a prosecution or an action to obtain a civil penalty order.
 (5) The period specified must not exceed 3 years.