Magistrates Court may extend 3 month period
30ZL Magistrates Court may extend 3 month period
The Chief Executive may apply to the Magistrates Court for an extension (not exceeding 3 months) of the period during which the seized material may be retained—
within 3 months after the seized material is seized under section 30ZH; or
if an extension has been granted under this section, before the end of the period of the extension.
The Magistrates Court may make an order extending the period that the seized material is to be retained if satisfied that—
the making of the order is in the interests of justice;
and
the total period of retention does not exceed 12 months;
and
retention of the seized material is necessary for the purposes of an investigation into whether a contravention of this Part has occurred.
At least 7 days prior to the hearing of an application under subsection (1), the Chief Executive must give notice of the application to the licensed grower or the licensed processor, as the case requires, from whom the alkaloid poppies, poppy straw or material derived from alkaloid poppies or poppy straw were seized or its lawful owner described in the application.
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