Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18mv
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18MV
Character Range: 141836–143133

18MV  Magistrate may permit a thing to be retained

 (1) A trade measurement inspector may apply to a magistrate for an order that he or she may retain the thing for a further period if:
 (a) before the end of 6 months 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.

 (2) If the magistrate is satisfied that it is necessary for a trade measurement inspector to continue to retain the thing:
 (a) for the purposes of an investigation as to whether an offence against this Act has been committed; or
 (b) to enable evidence of an offence against this Act to be secured for the purposes of a prosecution;
the magistrate may order that a trade measurement inspector may retain the thing for a period (not being a period exceeding 3 years) specified in the order.

 (3) Before making the application, the trade measurement inspector 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 trade measurement inspector believes to have such an interest of the proposed application.

Division 5—Controller's rights and responsibilities