Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A magistrate may, on application by the Commissioner, make an order under subsection (2) in relation to a document or thing produced under this Act if the magistrate is satisfied that there are reasonable grounds to suspect that, if the document or thing is returned to any of the following persons, it is likely to be used by that person or another person in the commission of a serious offence:
(a) the owner of the document or thing;
(b) the person who produced the document or thing.
(2) The orders are as follows:
(a) an order that the document or thing may be retained for the period specified in the order;
(b) an order that the document or thing is forfeited to the Commonwealth;
(c) for a thing (other than a document)--an order that:
(i) the thing be sold and the proceeds given to the owner of the thing; or
(ii) the thing be sold in some other way;
(d) an order that the document or thing is to be destroyed or otherwise disposed of.
Persons with interests in documents or things
(3) Before making an application under this section in relation to a document or thing, the Commissioner must:
(a) take reasonable steps to discover who has an interest in the document or thing; and
(b) if it is practicable to do so, notify each person who the Commissioner believes to have such an interest of the proposed application.
(4) The magistrate must allow a person who has an interest in the document or thing to appear and be heard in determining the application.
Meanings of magistrate and serious offence
(5) A magistrate is a magistrate who is remunerated by salary or otherwise, and includes a Judge, or acting Judge, of the Local Court of the Northern Territory.
(6) A serious offence is:
(a) an offence against a law of the Commonwealth punishable by imprisonment for 2 years or more; or
(b) an offence against either of the following provisions of the Charter of the United Nations Act 1945 :
(i) Part 4 of that Act;
(ii) Part 5 of that Act, to the extent that it relates to the Charter of the United Nations (Sanctions--ISIL (Da'esh) and Al - Qaida) Regulations 2008 ; or
(c) an offence against a law of a State that:
(i) has a federal aspect (within the meaning of the Crimes Act 1914 ); and
(ii) is punishable by imprisonment for 2 years or more.