Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 252D

Authorised officer may apply for a thing to be retained for a further period

             (1)  This section applies if an authorised officer has taken possession of a thing referred to in subsection 252C(4) and proceedings in respect of which the thing might provide evidence have not commenced before the end of:

                     (a)  60 days after the authorised officer takes possession of the thing; or

                     (b)  a period previously specified in an order of a magistrate under section 252E.

             (2)  The authorised officer may apply to a magistrate for an order that the officer may retain the thing for a further period.

             (3)  Before making the application, the authorised officer must:

                     (a)  take reasonable steps to discover which persons' interests would be affected by the retention of the thing; and

                     (b)  if it is practicable to do so, notify each person who the authorised officer believes to be such a person of the proposed application.



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