AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 130 Magistrates' Court may extend 3 month period

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 130

    (1)     The Director may apply to the Magistrates' Court—

        (a)     within 3 months after seizing a document 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 Director may retain the document 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—

        (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 is necessary—

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

              (ii)     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 must consider the interests of the owner of the document or thing and may adjourn an application to enable notice of the application to be given to any person.