Crimes Act 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)

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Division 5 - General

SECTION 3ZW DELEGATION BY COMMISSIONER

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3ZW(1)

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The Commissioner may delegate to a constable any or all of the Commissioner's powers, functions or duties under this Part.

3ZW(2)

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The Commissioner may delegate to a Commonwealth officer any or all of the Commissioner ' s powers, functions or duties under Division 4C of this Part if the Commissioner is satisfied on reasonable grounds that the officer is able to properly exercise those powers, functions or duties.

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History

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.

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