Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 203S

             (1)  If a thing is seized as evidential material by an officer of Customs under a search warrant, or by an authorised person under subsection 203B(3), 203C(3), 203CA(4) or 203CB(3), 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:

                     (c)  if the thing is seized by an officer of Customs under a search warrant--an officer of Customs may apply to a magistrate for an order that the thing be retained; or

                     (d)  if the thing is seized by an authorised person under subsection 203B(3), 203C(3), 203CA(4) or 203CB(3)--an authorised person may apply to a magistrate for an order that the thing be retained.

             (2)  If the magistrate is satisfied:

                     (a)  that it is necessary for the retention of the thing 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.

             (3)  Before making the application, the officer of Customs or the authorised person 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 who the officer believes to have such an interest of the proposed application.