130Magistrate may permit a thing to be retained

130 Magistrate may permit a thing to be retained

(1) A marine safety inspector may apply to a magistrate for an order permitting the retention of the thing for a further period if:

(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 been instituted.

(2) If the magistrate is satisfied that it is necessary for the thing to continue to be retained:

(a) for the purposes of an investigation in respect of an offence against this Law; or

(b) to enable evidence of an offence against this Law to be secured for the purposes of a prosecution;

the magistrate may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).

(3) Before making the application, the marine safety 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.