Magistrate may permit a thing to be retained
18MV Magistrate may permit a thing to be retained
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:
before the end of 6 months after the seizure; or
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.
If the magistrate is satisfied that it is necessary for a trade measurement inspector to continue to retain the thing:
for the purposes of an investigation as to whether an offence against this Act has been committed; or
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.
Before making the application, the trade measurement 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 trade measurement inspector believes to have such an interest of the proposed application.
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