AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 168 Magistrates' Court may extend 3 month period

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 168

    (1)     If an inspector seizes a document or other thing under this Part, the inspector may apply to the Magistrates' Court for an order for an extension, not exceeding 3 months, of the period for which the inspector may retain the document or thing.

    (2)     An application under subsection (1) must be made—

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

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

    (3)     The Magistrates' Court may make the order 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 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.

    (4)     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.