158Magistrates' Court may extend retention period

158 Magistrates' Court may extend retention period

(1) An authorised officer may apply to the Magistrates' Court for an extension of the retention period in respect of a thing seized under this Part.

(2) The application must be made within—

(a) the retention period; or

(b) if the Magistrates' Court extends the period within which the application must be made, that extended period.

(3) On an application under subsection (1), the Magistrates' Court may order the extension applied for if satisfied that the extension is necessary—

(a) for the purposes of an investigation into whether an offence has been committed against an industry law; or

(b) to enable evidence of an offence against an industry law to be obtained for the purposes of a prosecution; or

(c) to enable evidence of a contravention of section 113(3) to be obtained for the purposes of an application for an order under section 115(2).

(4) The Magistrates' Court may adjourn an application under subsection (1) to enable notice of the application to be given to any person.

S. 159 inserted by No. 63/2017 s. 18.