18EApplication to magistrate

##### 18E Application to magistrate (1) If subsection 18D(7) applies, the police officer may apply to a magistrate for an order in relation to the thing to which that subsection applies. (2) The magistrate must, in determining an application by a police officer under subsection (1), allow the owner of the thing to appear and be heard. (3) If the magistrate is satisfied that: (a) in the case of a thing seized under subsection 18C(1)—there are reasonable grounds to suspect that, if the thing is returned to the owner, the thing is likely to cause, or is likely to be used by the owner or another to cause: (i) substantial damage to a place or thing in respect of which the Protective Service is performing functions under this Act; or (ii) death or serious harm to a person in respect of whom the Protective Service is performing functions under this Act; in circumstances that would be likely to involve the commission of an offence to which section 13 applies; and (b) in the case of a thing seized under subsection 18C(2)—there are reasonable grounds to suspect that, if the thing is returned to the owner, the thing is likely to be used by the owner or another to cause death or serious harm to a person: (i) in respect of whom the Protective Service is performing functions under this Act; or (ii) who is in a place, or in the vicinity of a person, place or thing, in respect of which the Protective Service is performing functions under this Act; the magistrate may make any of the following orders: (c) that the thing be retained by the police officer for the period specified in the order; (d) that the thing is forfeited to the Commonwealth; (e) that the thing is to be sold and the proceeds given to the owner; (f) that the thing is to be otherwise sold or disposed of. (4) If the magistrate is not satisfied as required by subsection (3), the magistrate must order that the thing be returned to the owner.