Commonwealth Numbered Acts

IMPORTED FOOD CONTROL ACT 1992 No. 221 of 1992 - SECT 29

29.(1) If:

   (a)  an authorised officer who enters premises under section 25 or under a
warrant under section 26 finds the thing ("evidence") which the authorised
officer entered the premises to find; and

   (b)  the officer seizes the evidence; the authorised officer:

   (c)  may keep the evidence so seized for 60 days; or

   (d)  if proceedings are instituted within 60 days after the seizure and the
        evidence may be used in the proceedings-may keep the evidence so
        seized until the proceedings (including any appeal to a court in
        relation to the proceedings) are terminated; and

   (e)  must allow it to be inspected at any reasonable time by anyone who
        would be entitled to inspect it if it were not in the
        authorised officer's possession.

(2) If, in the course of searching premises entered under section 25 or under
a warrant under section 26, the authorised officer:

   (a)  finds a thing that he or she believes, on reasonable grounds, to be:

        (i)    a thing (other than the evidence mentioned in subsection (1))
               that will afford evidence of the commission of the offence in
               relation to which the search was undertaken; or

        (ii)   a thing that will afford evidence of the commission of another
               offence against this Act; and

   (b)  the authorised officer believes, on reasonable grounds, that it is
        necessary to seize the thing to prevent its concealment, loss or
        destruction; subsection (1) applies to the thing as if it were the
        evidence mentioned in that subsection.

(3) An authorised officer may apply to a magistrate to extend the periods of
time referred to in paragraphs (1)(c) and (d).

(4) The magistrate may extend the periods of time for so long as the
magistrate considers necessary.