Western Australian Marine Act 1982

An inspector may apply to a judicial officer for an order permitting the retention of a thing seized under this Part if —

proceedings in respect of which the thing may afford evidence have not been commenced; and

the application is made before the expiry of —

the period referred to in section 40(1)(c); or

a previous order under this section.

The judicial officer may order that the thing may be retained for the period specified in the order if satisfied that it is necessary for the thing to be retained —

for the purposes of an investigation in respect of an offence under this Act; or

to enable evidence of an offence under this Act to be secured for the purposes of a prosecution.

The total period for which a thing may be retained must not exceed 3 years.

Before making an application under subsection (1), the inspector must —

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

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