Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 135P

Judge may permit consumer goods or equipment to be retained

  (1)   An inspector who has seized consumer goods or equipment under a search warrant may, before the end of the period referred to in paragraph   135N(1)(b), apply to a judge of the Federal Court for an order that the inspector may retain the consumer goods or equipment for a further period of up to 60 days.

  (2)   If:

  (a)   an application to a judge is made under subsection   (1); and

  (b)   the judge is satisfied that it is necessary in all the circumstances for the inspector to continue to retain the consumer goods or equipment;

the judge may order that the inspector may retain the consumer goods or equipment for a further period (not exceeding 60 days) specified in the order.

  (3)   Before making the application under subsection   (1), the inspector must:

  (a)   take reasonable steps to discover who has an interest in the retention of the consumer goods or equipment; and

  (b)   if it is practicable to do so, notify each person whom the inspector believes to have such an interest of the proposed application.


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