Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision F - Dealing with things seized as evidential material  

SECTION 203S   MAGISTRATE MAY PERMIT A THING SEIZED AS EVIDENTIAL MATERIAL TO BE RETAINED  

203S(1)   [Application for retention]  

If a thing is seized as evidential material by an officer of Customs under a search warrant, or by an authorised person under subsection 203B(3), 203C(3), 203CA(4) or 203CB(3), and:

(a) before the end of 120 days after the seizure; or

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

proceedings in respect of which the thing may afford evidence have not been started:

(c) if the thing is seized by an officer of Customs under a search warrant - an officer of Customs may apply to a magistrate for an order that the thing be retained; or

(d) if the thing is seized by an authorised person under subsection 203B(3), 203C(3), 203CA(4) or 203CB(3) - an authorised person may apply to a magistrate for an order that the thing be retained.

203S(2)   [Magistrate's order]  

If the magistrate is satisfied:

(a) that it is necessary for the retention of the thing be continued:

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

(ii) to enable evidence of an offence to be assembled for the purposes of a prosecution; and

(b) that there has been no avoidable delay in conducting the investigation or assembling the evidence concerned;

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

203S(3)   [Requirements for making application]  

Before making the application, the officer of Customs or the authorised person 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 officer believes to have such an interest of the proposed application.