135PJudge may permit consumer goods or equipment to be retained

135P Judge may permit consumer goods or equipment to be retained

(1) An inspector who has seized consumer goods or equipment under a search warrant may, before the end of the period referred to in paragraph 135N(1)(b), apply to a judge of the Federal Court for an order that the inspector may retain the consumer goods or equipment for a further period of up to 60 days.

(2) If:

(a) an application to a judge is made under subsection (1); and

(b) the judge is satisfied that it is necessary in all the circumstances for the inspector to continue to retain the consumer goods or equipment;

the judge may order that the inspector may retain the consumer goods or equipment for a further period (not exceeding 60 days) specified in the order.

(3) Before making the application under subsection (1), the inspector must:

(a) take reasonable steps to discover who has an interest in the retention of the consumer goods or equipment; and

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