Document ID: chunk:federal_register_of_legislation:C2021C00313:section:141
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 141
Character Range: 173515–174756

141  Magistrate may permit a thing to be retained
 (1) If a thing is seized under section 140 and:
 (a) before the end of 60 days after the seizure; or
 (b) before the end of a period previously specified in an order of a magistrate under this section;
proceedings in respect of which the thing may afford evidence have not commenced, the Commissioner of Police of the Australian Federal Police may apply to a magistrate for an order that he or she may retain the thing for a further period.
 (2) If the magistrate is satisfied that it is necessary for the Commissioner to continue to retain the thing:
 (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;
the magistrate may order that the Commissioner may retain the thing for a 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 has such an interest that the application has been made.

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