Commonwealth Consolidated Acts

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CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 65

Court of summary jurisdiction may permit a thing to be retained

  (1)   If a thing is seized under a warrant issued under section   58 or 63, 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 court under this section;

proceedings in respect of which the thing may afford evidence have not commenced, the national inspector may apply to a court of summary jurisdiction for an order that he or she may retain the thing for a further period.

  (2)   If the court is satisfied that it is necessary for the national inspector 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 court may order that the national inspector may retain the thing for a period specified in the order.

  (3)   Before the court hears the application, it may require notice of the application to be given to such persons as the court thinks fit.



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