Australian Capital Territory Current Acts

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CRIMES ACT 1900 - SECT 245

Magistrates Court may permit thing to be retained

    (1)     If a thing is seized under section 207 (Stopping, searching and detaining people) or section 209 (Stopping, searching and detaining conveyances), 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 court under this section;

proceedings in respect of which the thing may afford evidence have not commenced, the police officer may apply to the Magistrates Court for an order that he or she may retain the thing for a further period.

    (2)     If the court is satisfied that it is necessary for the police officer 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 court may order that the police officer may retain the thing for a period specified in the order.

    (3)     Before making the application, the police officer shall—

        (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 police officer believes to have such an interest of the proposed application.

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