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Published by Luke McMahon

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Published by: Luke McMahon on Apr 13, 2012
Copyright:Attribution Non-commercial


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Application to retain seized thing

(1) The Secretary may apply to an issuing officer for an order
permitting the retention of a thing seized under this Part for a
further period if proceedings in respect of which the thing may
afford evidence have not commenced before the end of:

ComLaw Authoritative Act C2011A00148

Chapter 4 Powers to investigate contraventions of this Act
Part 2 Search warrants
Division 5 General provisions relating to seizure

Section 73

76 Tobacco Plain Packaging Act 2011 No. 148, 2011

(a) 60 days after the seizure; or
(b) a period previously specified in an order of an issuing officer
under this section.

(2) Before making the application, the Secretary 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 whom the
Secretary believes to have such an interest of the proposed

Order to retain seized thing

(3) The issuing officer may order that the thing may continue to be
retained for a period specified in the order if the issuing officer is
satisfied that it is necessary for the thing to continue to be retained:
(a) for the purposes of investigating whether:
(i) an offence has been committed against this Act, or the
Crimes Act 1914 or the Criminal Code to the extent that
it relates to this Act; or
(ii) a civil penalty provision in this Act has been
contravened; or
(b) to enable evidence of such an offence or contravention to be
secured for the purposes of a prosecution or action.

(4) The period specified must not exceed 3 years.

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