Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An inspector may:
(a) before the end of 60 days after a seizure of a thing under this Part; or
(b) before the end of a period previously specified in an order of a magistrate under this section;
apply to a magistrate for an order permitting the retention of the thing for a further period, unless proceedings in respect of which the thing may afford evidence have commenced.
(2) If the magistrate is satisfied that it is necessary for the thing to continue to be retained:
(a) for the purposes of an investigation in respect of an offence against this Act or a contravention of a civil penalty provision; or
(b) to enable evidence of such an offence or contravention to be secured for the purposes of a prosecution or proceedings for a civil penalty order;
the magistrate may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).
(3) Before making the application, the 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 inspector believes to have such an interest of the proposed application.