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

S 3ZW(2) inserted by No 2 of 2011, s 3 and Sch 3 item 42, effective 3 March 2011.

S 3ZW substituted by No 4 of 2010, s 3 and Sch 2 item 10, 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 3ZW formerly read:

SECTION 3ZW MAGISTRATE MAY PERMIT A THING TO BE RETAINED  
3ZW(1)
If a thing is seized under section 3T , and:

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

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

proceedings in respect of which the thing may afford evidence have not commenced, the constable may apply to a magistrate for an order that he or she may retain the thing for a further period.

3ZW(2)
If the magistrate is satisfied that it is necessary for the constable to continue to retain the thing:

(a) for the purposes of an investigation as to whether an offence has been committed; or

(b) to enable evidence of an offence to be secured for the purposes of a prosecution;

the magistrate may order that the constable may retain the thing for a period specified in the order.

3ZW(3)
Before making the application, the constable 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 constable believes to have such an interest of the proposed application.