Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p31
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 72946–75554

in respect of which the thing may afford evidence have not commenced, the constable may apply to a court of summary jurisdiction for an order that he or she may retain the thing for a further period.

"(2) If the court is satisfied that it is necessary for the constable to continue to retain the thing:

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

    (b) to enable evidence of an offence to be secured for the purposes of a prosecution;

the court may order that the constable may retain the thing for a period specified in the order.

  "(3) Before making the application, the constable 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 constable believes to have such an interest of the proposed application.

Law relating to legal professional privilege not affected

"3ZX. This Part does not affect the law relating to legal professional privilege.

Laws relating to taking forensic samples not affected

"3ZY. Nothing in this Part is intended to limit or exclude the operation of:

  (a) another law of the Commonwealth or a law of a Territory; or

    (b) a law of a State or Territory applied by section 68 of the Judiciary Act 1903;

relating to the taking of forensic samples (excluding identification material as defined in section 3ZJ).".

Repeals

5. Sections 8, 8A, 10, 10A, 10B, 10C, 10D, 10E, 48B and 82 of the Principal Act are repealed.

Amendments of other Acts

6. The Acts specified in the Schedule are amended as set out in the Schedule.

                         SCHEDULE Section 6

AMENDMENTS OF ACTS

Commonwealth Places (Application of Laws) Act 1970

Schedule:

    (a) Omit from clause 1 "Sections 8A, 9, 10,", substitute "Part 1AA (other than section 3Z), and sections 9,".

  (b) Omit from clause 1 ", 15D and 16BA", substitute "and 15D".

Crimes at Sea Act 1979

Paragraph 5(4)(a):

    (a) Omit "sections 8A, 9, 10,", substitute "Part 1AA (other than section 3Z), and sections 9,".

  (b) Omit ", 15D and 16BA", substitute "and 15D".

Customs Act 1901

Section 4 (definition of "external search"):

  Insert "or in the possession of" after "worn by".

NOTE

  1. No. 12, 1914, as amended. For previous amendments, see No. 6, 1915 (as amended by No. 54, 1920); No. 54, 1920; No. 9, 1926; No. 13, 1928; No. 30, 1932; No. 5, 1937; No. 6, 1941; No. 77, 1946; No. 80, 1950; No. 10, 1955; No. 11, 1959; No. 84, 1960; No. 93, 1966; Nos. 33 and 216, 1973; No. 56, 1975; Nos. 19 and 155, 1979; No. 70, 1980; No.