Australian Naval Nuclear Power Safety Act 2024

An inspector may apply to an issuing officer for an order permitting the retention of a thing seized under this Division for a further period if proceedings in respect of which the thing may afford evidence have not commenced before the end of:

60 days after the seizure; or

a period previously specified in an order of an issuing officer under this section.

Before making the application, the inspector must:

take reasonable steps to discover who has an interest in the retention of the thing; and

if it is practicable to do so, notify each person whom the inspector believes to have such an interest of the proposed application.

Any person notified under paragraph (2)(b) is entitled to be heard in relation to the application.

The issuing officer may order that the thing may continue to be retained for a period specified in the order if the issuing officer is satisfied that it is necessary for the thing to continue to be retained:

for the purposes of an investigation as to whether an offence provision, or a civil penalty provision, of this Act has been contravened; or

to enable evidence of a contravention mentioned in paragraph (a) to be secured for the purposes of a prosecution or an action to obtain a civil penalty order.

The period specified must not exceed 3 years.