Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p32
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 76856–79599

for an order that the thing be retained; or

    (d) if the thing is seized by an authorised person under subsection 203B(3) or 203C(3)—an authorised person may apply to a magistrate for an order that the thing be retained.

"(2) If the magistrate is satisfied:

    (a) that it is necessary for the retention of the thing be continued:

        (i) for the purposes of an investigation as to whether an offence has been committed; or

        (ii) to enable evidence of an offence to be assembled for the purposes of a prosecution; and

    (b) that there has been no avoidable delay in conducting the investigation or assembling the evidence concerned;

the magistrate may order that the thing be retained for a period specified in the order.

"(3) Before making the application, the officer of Customs or the authorised person 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 officer believes to have such an interest of the proposed application.

"Subdivision G—Dealing with forfeited goods seized under a seizure warrant or under
subsection 203B(2) or203C(2)".

29. Section 203A:

Renumber the section as 203T.

30. Section 204:

Repeal the section, substitute:

Seized goods to be secured

"204.(1) In this section:

SCHEDULE 4—continued

'approved place', in relation to goods, means a place approved by a Collector as a place for the storage of goods of that kind.

"(2) If an officer of Customs seizes any goods other than narcotic-related goods under a seizure warrant or under section 203B, the officer must, as soon as practicable, take those goods to an approved place.

"(3) If a person other than an officer of Customs seizes any goods other than narcotic-related goods under a seizure warrant or under section 203B, the person must, as soon as practicable, deliver the goods into the custody of an officer of Customs.

"(4) If a person other than a member of the Australian Federal Police seizes:

    (a) any narcotic-related goods under a seizure warrant or under section 203B; or

    (b) any narcotic goods under section 203C;

the person must, as soon as practicable, deliver the goods into the custody of a member of the Australian Federal Police.

"(5) If goods are delivered to an officer of Customs under subsection (3), the officer must:

    (a) if paragraph (b) does not apply—as soon as practicable, deliver the goods to an approved place; or

    (b) if the goods are delivered to the officer at an approved place—leave the goods at that place.".

31. Section 205:

Repeal the section, substitute:

Requirement to serve seizure notices

"205.(1) After goods have been seized under a seizure