Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

REGULATORY POWERS (STANDARD PROVISIONS) ACT 2014 - SECT 33

Extension of periods in which things secured

Application

  (1)   This section applies where an authorised person applies to an issuing officer under subsection   21(5) or 22(2) for an extension of the period during which a thing may be secured.

Granting extension

  (2)   The issuing officer may, by order, grant an extension of the period if the issuing officer is satisfied, by information on oath or affirmation, that:

  (a)   where the thing is secured under section   21--it is necessary to secure the thing to ensure that relevant data is not destroyed, altered or otherwise interfered with; or

  (b)   where the thing is secured under section   22--it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained.

  (3)   However, the issuing officer must not grant the extension unless the authorised person or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the extension is being sought.

Content of order

  (4)   The order extending the period must:

  (a)   describe the thing to which the order relates; and

  (b)   state the period for which the extension is granted; and

  (c)   state that the order is made under this section; and

  (d)   state that the authorised person is authorised to secure the thing for that period.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback