Magistrate may permit a thing to be retained
170 Magistrate may permit a thing to be retained
An inspector may apply to a magistrate for an order that the inspector may retain the thing for a further period if —
before the end of 60 days after the seizure; or
before the end of a period previously specified in an order by 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 an inspector to continue to retain the thing —
for the purposes of an investigation as to whether an offence against this Act or the regulations has been committed; or
to enable evidence of an offence against this Act or the regulations to be secured for the purposes of a prosecution,
the magistrate may order that an inspector may retain the thing for a period (not being a period exceeding 3 years) specified in the order.
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.
Note for this section:
This section differs from section 170 of the Commonwealth Act.
This provision refers to the regulations (the regulations
). Made under this Act:
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