Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplication to retain seized thing
(1) The Secretary or Australian Border Force Commissioner may apply to an issuing officer for an order permitting the retention of a thing seized under this Division for a further period if proceedings in respect of which the thing may afford evidence have not commenced before the end of:
(a) 60 days after the seizure; or
(b) a period previously specified in an order of an issuing officer under this section.
(2) Before making the application, the Secretary or Australian Border Force Commissioner 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 Secretary or Australian Border Force Commissioner believes to have such an interest of the proposed application.
Order to retain seized thing
(3) The issuing officer may order that the thing may continue to be retained for a period specified in the order if the issuing officer is satisfied that it is necessary for the thing to continue to be retained:
(a) for the purposes of investigating whether:
(i) a sponsorship - related offence has been committed; or
(ii) a sponsorship - related provision has been contravened; or
(iii) a work - related offence has been committed; or
(iv) a work - related provision has been contravened; or
(b) to enable evidence of such an offence or contravention to be secured for the purposes of a prosecution or action.
(4) The period specified must not exceed 3 years.