Commonwealth Numbered Acts

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HEALTH AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT (No. 2) 1993 No. 76 of 1993 - SECT 46

Entry and search of premises-evidence of offences
46. Section 47 of the Principal Act is amended by adding at the end the
following subsections:

"(5) An authorised person may, before the end of the period mentioned in
paragraph (2)(b), apply to a magistrate for an extension of that period.

"(6) A person who would be entitled to possession of the evidence if it had
not been seized is entitled to make representations to the magistrate about
the application.

"(7) The magistrate may extend the period if satisfied that it is necessary to
do so in order that an authorised person may have a reasonable opportunity of
completing the investigation of an offence against this Act.

"(8) The period may not be extended:

   (a)  after it has ended; or

   (b)  so that it exceeds 2 years.

"(9) Where the period referred to in paragraph (2)(b) has been extended, a
reference in subsection (5), (7) or (8) to that period is a reference to that
period as extended.". 


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