Excise Act 1901

PART IX - OFFICERS  

Division 1A - Search and seizure  

Subdivision E - Dealing with things seized as evidential material under a search warrant or section 9 of the Crimes Act 1914  

SECTION 107EB   MAGISTRATE MAY PERMIT A THING SEIZED UNDER A SEARCH WARRANT ETC. TO BE RETAINED  

107EB(1)  
If a thing is seized as evidential material by an officer under a search warrant or section 9 of the Crimes Act 1914 , and:


(a) before the end of 120 days after the seizure; or


(b) before the end of a period previously specified in a magistrate's order under this section;

proceedings in respect of which the thing may afford evidence have not been started, an officer may apply to a magistrate for an order that the thing be retained.

107EB(2)  
If the magistrate is satisfied:


(a) that it is necessary for the retention of the thing to be continued:


(i) for the purposes of an investigation as to whether an offence has been committed; or

(ii) to enable evidence of an offence to be assembled for the purposes of a prosecution; and


(b) that there has been no avoidable delay in conducting the investigation or assembling the evidence concerned;

the magistrate may order that the thing be retained for a period specified in the order.

107EB(3)  
Before making the application, the officer 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 officer believes to have such an interest of the proposed application.




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