NATIONAL MEASUREMENT ACT 1960 - SECT 18MV Magistrate may permit a thing to be retained

NATIONAL MEASUREMENT ACT 1960 - SECT 18MV

  (1)   A trade measurement inspector may apply to a magistrate for an order that he or she may retain the thing for a further period if:

  (a)   before the end of 6 months 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.

  (2)   If the magistrate is satisfied that it is necessary for a trade measurement inspector to continue to retain the thing:

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

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

the magistrate may order that a trade measurement inspector may retain the thing for a period (not being a period exceeding 3 years) specified in the order.

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