39IMagistrates' Court may extend 3-month period

39I Magistrates' Court may extend 3-month period (1) The Commission may apply to the Magistrates' Court for an extension, not exceeding 3 months, of the period for which the Commission may retain a document seized under this Part— (a) not later than 3 months after seizing the document; or (b) before the end of the period of the extension, if an extension has been granted under subsection (2). (2) The Magistrates' Court may order such an extension if the Court is satisfied that— (a) it is in the interests of justice; and (b) the total period of retention does not exceed 12 months; and (c) retention of the document is necessary— (i) for the purposes of an investigation into whether a contravention of an essential services requirement has occurred; or (ii) to enable evidence of a contravention of an essential services requirement to be obtained for the purposes of a proceeding under this Act or relevant legislation. (3) The Magistrates' Court must consider the interests of the owner of the document and may adjourn an application to enable notice of the application to be given to any person. Division 4—When Commission must not serve information gathering notice S. 39J inserted by No. 41/2021 s. 5.