18MVMagistrate may permit a thing to be retained

18MV Magistrate may permit a thing to be retained

(1) A trade measurement inspector may apply to a magistrate for an order that he or she may retain the thing for a further period if: (a) before the end of 6 months 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. (2) If the magistrate is satisfied that it is necessary for a trade measurement inspector to continue to retain the thing: (a) for the purposes of an investigation as to whether an offence against this Act has been committed; or (b) to enable evidence of an offence against this Act to be secured for the purposes of a prosecution; the magistrate may order that a trade measurement inspector may retain the thing for a period (not being a period exceeding 3 years) specified in the order. (3) Before making the application, the trade measurement 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 trade measurement inspector believes to have such an interest of the proposed application.