40Extension of period of retention of documents or things seized

40 Extension of period of retention of documents or things seized

40 Extension of period of retention of documents or things seized

(1) The AER may apply to a magistrate—

(a) within 3 months after a document or other thing was seized in accordance with a warrant; or

(b) if an extension has been granted under this section, before the end of the period of the extension,

for an extension of the period for which the AER may retain the document or thing but so that the total period of retention does not exceed 12 months.

(2) An application must be made before proceedings for the purpose for which the document or thing was retained have been commenced.

(3) A magistrate may order such an extension if he or she 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 or other thing is necessary—

(i) for the purposes of an investigation into whether a breach of a relevant provision has occurred; or

(ii) to enable evidence of a breach of a relevant provision to be obtained for the purposes of a proceeding under this Law.

(4) If proceedings are commenced for the purpose for which the document or thing was retained at any time before the expiry of the period specified in an order under this section, the document or thing may be retained until those proceedings (including any appeal) have been completed despite those proceedings being completed after the period specified in the order.

(5) At least 7 days prior to the hearing of an application under this section by a magistrate, notice of the application must be sent to the owner of the document or thing described in the application.