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CRIMES ACT 1914 SECT 3ZW
3ZW Magistrate may permit a thing to be retained
- (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.
- (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.
- (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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