EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3P Magistrates' Court may extend 3 month period

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3P

    (1)     An authorised officer may apply to the Magistrates' Court—

        (a)     within 3 months after seizing a document or other thing under this Subdivision; or

        (b)     if an extension has been granted under this section, before the end of the period of the extension—

for an extension (not exceeding 3 months) of the period for which the officer may retain the document or thing but so that the total period of retention does not exceed 12 months.

    (2)     The Magistrates' Court may order an extension under this section if it is satisfied that—

        (a)     it is in the interests of justice; and

        (b)     the total period of retention does not exceed 12 months; and

        (c)     retention of the document or other thing is necessary—

              (i)     for the purposes of an investigation into whether a contravention of a relevant law has occurred; or

              (ii)     to enable evidence of a contravention of a relevant law to be obtained for the purposes of a proceeding under this Act.

    (3)     At least 7 days prior to the hearing of an application under this section, notice of the application must be sent to the owner of the document or thing described in the application.

S. 5.8.3Q inserted by No. 71/2010 s. 44.