34LDiscovery of evidence

##### 34L Discovery of evidence (1) If: (a) an authorised officer who enters premises under section 34D finds the thing (the evidence) which the officer entered the premises to find; and (b) the officer seizes the evidence; the officer: (c) may keep the evidence so seized for 60 days; or (d) if proceedings are instituted within 60 days after the seizure and the evidence may be used in the proceedings—may keep the evidence so seized until the proceedings (including any appeal to a court in relation to the proceedings) are terminated; and (e) must allow it to be inspected at any reasonable time by anyone who would be entitled to inspect it if it were not in the officer’s possession. (1A) If: (a) an authorised officer who enters premises under a warrant under section 34E finds the thing (the evidence) which the officer entered the premises to find; and (b) the officer seizes the evidence; then: (c) subject to any contrary order of a court, the officer must return the evidence if: (i) the reason for its seizure no longer exists; or (ii) a decision is made not to use it in evidence; unless the evidence is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership; and (d) the officer must allow it to be inspected at any reasonable time by anyone who would be entitled to inspect it if it were not in the officer’s possession. (2) If, in the course of searching premises entered under section 34D or under a warrant under section 34E, the authorised officer: (a) finds a thing that he or she believes, on reasonable grounds, to be: (i) a thing (other than the evidence mentioned in whichever of subsections (1) and (1A) is applicable) that will afford evidence of the commission of the offence in relation to which the search was undertaken; or (ii) a thing that will afford evidence of the commission of another offence against this Act; and (b) the officer believes, on reasonable grounds, that it is necessary to seize the thing to prevent its concealment, loss or destruction; subsection (1) or (1A), as the case may be, applies to the thing as if it were the evidence mentioned in that subsection. (3) An authorised officer may apply to a magistrate to extend the periods of time referred to in paragraphs (1)(c) and (d). (4) The magistrate may extend the periods of time for so long as the magistrate considers necessary.