Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:5_3ug
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 5 cl 3UG
Character Range: 180264–181527

3UG  Application to magistrate

 (1) If subsection 3UF(9) applies, the police officer may apply to a magistrate for an order in relation to the thing.

 (2) The magistrate must, in determining an application by a police officer under subsection (1), allow the owner of the thing to appear and be heard.

 (3) If the magistrate is satisfied that the thing is evidence of, or relating to, a terrorist act or serious offence, the magistrate must order that the thing be retained by the police officer for the period specified in the order.

 (4) If the magistrate is satisfied that there are reasonable grounds to suspect that, if the thing is returned to the owner, the thing is likely to be used by the owner or another person in the commission of a terrorist act or serious offence, the magistrate may make any of the following orders:
 (a) that the thing be retained by the police officer for the period specified in the order;
 (b) that the thing is forfeited to the Commonwealth;
 (c) that the thing is to be sold and the proceeds given to the owner;
 (d) that the thing is to be otherwise sold or disposed of.

 (5) If the magistrate is not satisfied as mentioned in subsection (3) or (4), the magistrate must order that the thing be returned to the owner.