FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 (REPEALED)

PART 4 - AUDIT POWERS  

DIVISION 5 - RIGHTS AND OBLIGATIONS RELATING TO THE OBTAINING AND EXECUTION OF WARRANTS GENERALLY  

SECTION 42 (Repealed by 74 of 2006)   RETENTION OF THINGS THAT HAVE BEEN SEIZED UNDER THIS ACT  

42(1)
A thing seized under this Act may be retained until:

(a) the end of the period of 120 days after the seizure, or the end of such extended period as is, or such extended periods as are, determined under subsection (3); or

(b) if:

(i) proceedings for an offence against this Act have been instituted within that period; and

(ii) the thing may have been used or otherwise involved in the commission of the offence;

the proceedings (including any appeal to a court in relation to those proceedings) are terminated.

42(2)
An authorised officer may apply to a magistrate for an extension of the period during which the officer is entitled to retain the thing.

42(3)
If the magistrate is satisfied that the retention of the thing for an extended period is warranted, the magistrate may make an order extending the period during which the thing may be retained.

42(4)
Subsection (3) does not prevent a magistrate from granting 2 or more successive extensions under that subsection of the period during which a particular thing may be retained.