TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 72 Issuing officer may permit a seized thing to be retained

TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 72

Application to retain seized thing

             (1)  The Secretary may apply to an issuing officer for an order permitting the retention of a thing seized under this Part for a further period if proceedings in respect of which the thing may afford evidence have not commenced before the end of:

                     (a)  60 days after the seizure; or

                     (b)  a period previously specified in an order of an issuing officer under this section.

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

Order to retain seized thing

             (3)  The issuing officer may order that the thing may continue to be retained for a period specified in the order if the issuing officer is satisfied that it is necessary for the thing to continue to be retained:

                     (a)  for the purposes of investigating whether:

                              (i)  an offence has been committed against this Act, or the Crimes Act 1914 or the Criminal Code to the extent that it relates to this Act; or

                             (ii)  a civil penalty provision in this Act has been contravened; or

                     (b)  to enable evidence of such an offence or contravention to be secured for the purposes of a prosecution or action.

             (4)  The period specified must not exceed 3 years.