35RMagistrates' Court may extend 3 month period

35R Magistrates' Court may extend 3 month period

(a) a licensing inspector seizes anything under section 35K; or

(b) a licensing inspector or police officer seizes anything under a licensing search warrant.

(2) The licensing inspector or police officer may apply to the Magistrates' Court—

(a) within 3 months after seizing the thing; or

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

for an extension (not exceeding 3 months) of the period for which the licensing inspector or police officer may retain the document or thing but so that the total period of retention does not exceed 12 months.

(3) The Magistrates' Court may order such an extension if it 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 licensing offence has been committed; or

(ii) to enable evidence of a licensing offence to be obtained for the purposes of a proceeding under this Act.

(4) At least 7 days before the hearing of an application under this section, notice of the application must be sent to the owner of the thing described in the application.

S. 35S inserted by No. 51/2024 s. 37.