Excise Act 1901

PART IX - OFFICERS  

Division 1A - Search and seizure  

Subdivision F - Dealing with forfeited goods seized under a seizure warrant or section 9 of the Crimes Act 1914  

SECTION 107FG   MAGISTRATE MAY PERMIT GOODS SEIZED UNDER A SEIZURE WARRANT OR SECTION 9 OF THE CRIMES ACT 1914 TO BE RETAINED  

107FG(1)    
If forfeited goods are seized under a seizure warrant or section 9 of the Crimes Act 1914 and:

(a) before the end of 120 days after the making of a claim for their return; or

(b) before the end of the period previously specified in a magistrate's order under this section;

proceedings of the kind referred to in paragraph 107FF(2)(b) have not been started, an officer may apply to a magistrate for an order that the goods be retained.

107FG(2)    
If the magistrate is satisfied that it is necessary:

(a) that the retention of the goods continue while evidence of the offence to which the proceedings referred to in paragraph 107FF(2)(b) relate is assembled; and

(b) that there has been no avoidable delay in assembling that evidence;

the magistrate may order that the goods be retained for a period specified in the order.

107FG(3)    
Before making the application, the officer must:

(a) take reasonable steps to discover who has an interest in the retention of the goods; and

(b) if it is practicable to do so, notify each person whom the officer believes to have such an interest of the proposed application.