141Magistrate may permit a thing to be retained

141 Magistrate may permit a thing to be retained

(1) If a thing is seized under section 140 and: (a) before the end of 60 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, the Commissioner of Police of the Australian Federal Police may apply to a magistrate for an order that he or she may retain the thing for a further period. (2) If the magistrate is satisfied that it is necessary for the Commissioner to continue to retain the thing: (a) for the purposes of an investigation as to whether an offence has been committed; or (b) to enable evidence of an offence to be secured for the purposes of a prosecution; the magistrate may order that the Commissioner may retain the thing for a period specified in the order. (3) Before making the application, the Commissioner 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 who the Commissioner believes has such an interest that the application has been made.