Victorian Consolidated Legislation

Second-Hand Dealers and Pawnbrokers Act 1989 - SECT 26S

Magistrates' Court may extend 3 month period

26S. Magistrates' Court may extend 3 month period



(1) An inspector may apply to the Magistrates' Court-

   (a)  within 3 months after seizing a document or other thing under this
        Division; 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 inspector
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 such an extension if it is satisfied that
the total period of retention does not exceed 12 months and retention of the
document or other thing is necessary-

   (a)  for the purposes of an investigation into whether a contravention of
        this Act or the regulations has occurred; or

   (b)  to enable evidence of a contravention of this Act or the regulations
        to be obtained for the purposes of a proceeding under this Act.

(3) The Magistrates' Court may adjourn an application to enable notice of the
application to be given to any person.