Magistrate may permit a thing to be retained
233G Magistrate may permit a thing to be retained
The Inspector‑General may apply to a magistrate for an order permitting the retention of a thing seized under this Subdivision 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 a magistrate under this section.
Before making the application, the Inspector‑General 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 who the Inspector‑General 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.
Order to retain thing
The magistrate may order that the thing may continue to be retained for a period specified in the order if the magistrate is satisfied that it is necessary for the thing to continue to be retained:
for the purposes of an investigation as to whether a designated compliance provision 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 pecuniary penalty order.
The period specified must not exceed 3 years.
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