154VMagistrate may permit a thing to be retained

154V Magistrate may permit a thing to be retained

Application for extension

(1) An inspector may apply to a magistrate for an order that he or she may retain the thing for a further period if:

(a) before the end of 120 days after the seizure; or

(b) before the end of a period previously specified in an order of a magistrate under this section;

proceedings in respect of which the thing may afford evidence have not commenced.

Grant of extension

(2) If the magistrate is satisfied that it is necessary for the inspector to continue to retain the thing for the purposes of an investigation as to whether there has been:

(a) a contravention of this Act, a gas market instrument or the consumer data rules; or

(b) a contravention of Part 20 of the Telecommunications Act 1997; or

(c) a contravention of Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or

(ca) a contravention of Part 5 of the Water Act 2007 or the Water Markets Intermediaries Code within the meaning of that Act; or

(cb) a contravention of Part 5A of the Water Act 2007, other than Division 3 of that Part (water announcements); or

(d) a contravention of section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Part;

the magistrate may order that the inspector may retain the thing for a period (not exceeding 3 years) specified in the order.

Effect on interested parties

(3) Before making the application, the inspector must:

(a) take reasonable steps to discover who has an interest in the retention of the thing; 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.