Crimes Act 1914

Part IAA heading substituted by No 116 of 2014, s 3 and Sch 1 item 39, effective 1 December 2014. Part IAA (heading) formerly read:

Part IAA - Search, information gathering, arrest and related powers

Part IAA (heading) substituted by No 144 of 2005, s 3 and Sch 5 item 1, effective 15 December 2005. No 144 of 2005, s 4 contains the following review provisions:

Part IAA (heading) formerly read:

Part IAA - Search warrants and powers of arrest

Part IAA (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 3, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:

Part 1AA - Search warrants and powers of arrest

Div 4C inserted by No 4 of 2010, s 3 and Sch 2 item 9, applicable in relation to:

(a) a thing seized before, on or after 20 February 2010; and

(b) a document produced before, on or after 20 February 2010.

Subdiv C heading repealed by No 2 of 2011, s 3 and Sch 3 item 32, applicable to a thing seized or a document produced under Part IAA of the Crimes Act 1914 , whether before or after 3 March 2011. The heading formerly read:

Subdivision C - Returning things seized under Division 3

Subdiv C inserted by No 4 of 2010, s 3 and Sch 2 item 9, applicable in relation to:

(a) a thing seized before, on or after 20 February 2010; and

(b) a document produced before, on or after 20 February 2010.

S 3ZQZ repealed by No 2 of 2011, s 3 and Sch 3 item 34, applicable to a thing seized or a document produced under Part IAA of the Crimes Act 1914 , whether before or after 3 March 2011. S 3ZQZ formerly read:

SECTION 3ZQZ MAGISTRATE MAY PERMIT A THING SEIZED UNDER DIVISION 3 TO BE RETAINED  
3ZQZ(1)
The Commissioner may apply to a magistrate for an order under this section that a thing seized under Division 3 may be retained for a period if the application is made:

(a) before the end of 60 days after the seizure; or

(b) before the end of a period previously specified in an order in relation to the thing under this section.

3ZQZ(2)
If the magistrate is satisfied that the thing is being used, or is required to be used, for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, the magistrate may order that the thing may be retained for the period specified in the order.

3ZQZ(3)
Before making the application, the Commissioner 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 who the Commissioner believes to have such an interest of the proposed application.

S 3ZQZ inserted by No 4 of 2010, s 3 and Sch 2 item 9, applicable in relation to:

(a) a thing seized before, on or after 20 February 2010; and

(b) a document produced before, on or after 20 February 2010.