INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 141 Magistrate may permit a thing to be retained

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 141

  (1)   If a thing is seized under section   140 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 Commissioner of Police of the Australian Federal Police 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 Commissioner 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 Commissioner may retain the thing for a period specified in the order.

  (3)   Before making the application, the Commissioner 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 Commissioner believes has such an interest that the application has been made.