Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p31
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 74410–77085

purports to be a form of warrant under that section that the person knows:

        (i) has not been approved by a judicial officer under that section; or

        (ii) departs in a material particular from the terms authorised by a judicial officer under that section; or

    (d) give to a judicial officer a form of warrant under that section that is not the form of warrant that the person purported to execute.

Penalty: Imprisonment for 2 years.

"Subdivision F—Dealing with things seized as evidential material under a search warrant or
under subsection 203B(3) or203C(3)

Retention of things seized under a search warrant or under subsection 203B(3) or 203C(3)

"203R.(1) Subject to any law of the Commonwealth, a State or a Territory permitting the retention, destruction or disposal of a thing seized as evidential material by an officer of Customs under a search warrant or by an authorised person under subsection 203B(3) or 203C(3), the officer or authorised person must return it if:

    (a) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or

    (b) 60 days after its seizure:

        (i) proceedings in respect of which the thing may afford evidence have not been started; and

        (ii) an order permitting the thing to be retained has not been made under section 203S; and

        (iii) an order of a court of the Commonwealth or of a State or Territory permitting the retention, destruction or disposal of the thing has not been made;

whichever first occurs.

"(2) For the purposes of this section, the return of a thing requires its return to the person reasonably believed to be the owner of the thing in a condition as near as practicable to the condition in which it was seized,

Magistrate may permit a thing seized under a search warrant or under subsection 203B(3) or 203C(3) to be retained

"203S.(1) If a thing is seized as evidential material by an officer of Customs under a search warrant, or by an authorised person under subsection 203B(3) or 203C(3), and:

SCHEDULE 4—continued

    (a) before the end of 60 days after the seizure; or

    (b) before the end of a period previously specified in a magistrate's order under this section;

proceedings in respect of which the thing may afford evidence have not been started:

    (c) if the thing is seized by an officer of Customs under a search warrant—an officer of Customs may apply to a magistrate 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)