Document ID: chunk:federal_register_of_legislation:C2024C00486:section:107fg
Version: federal_register_of_legislation:C2024C00486
Segment Type: section
Provision Reference: s 107FG
Character Range: 232359–233585

107FG  Magistrate may permit goods seized under a seizure warrant or section 9 of the Crimes Act 1914 to be retained
 (1) If forfeited goods are seized under a seizure warrant or section 9 of the Crimes Act 1914 and:
 (a) before the end of 120 days after the making of a claim for their return; or
 (b) before the end of the period previously specified in a magistrate's order under this section;
proceedings of the kind referred to in paragraph 107FF(2)(b) have not been started, an officer may apply to a magistrate for an order that the goods be retained.
 (2) If the magistrate is satisfied that it is necessary:
 (a) that the retention of the goods continue while evidence of the offence to which the proceedings referred to in paragraph 107FF(2)(b) relate is assembled; and
 (b) that there has been no avoidable delay in assembling that evidence;
the magistrate may order that the goods be retained for a period specified in the order.
 (3) Before making the application, the officer must:
 (a) take reasonable steps to discover who has an interest in the retention of the goods; and
 (b) if it is practicable to do so, notify each person whom the officer believes to have such an interest of the proposed application.