Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 3ZW

             (1)  If a thing is seized under section 3T, and:

                     (a)  before the end of 60 days after the seizure; or

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

proceedings in respect of which the thing may afford evidence have not commenced, the constable may apply to a magistrate for an order that he or she may retain the thing for a further period.

             (2)  If the magistrate is satisfied that it is necessary for the constable to continue to retain the thing:

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

                     (b)  to enable evidence of an offence to be secured for the purposes of a prosecution;

the magistrate may order that the constable may retain the thing for a period specified in the order.

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