(1)

Despite paragraph 55(4)(b), the Regulator may:

(a) apply to a magistrate for an order allowing possession or control of evidential material for such further period as is specified in the order; and
(b) if the magistrate makes such an order—so retain possession or control of the material.

(2)

In determining the application, the magistrate must allow the owner of the material to appear and be heard.

(3)

The magistrate must not make an order allowing possession or control of the material for a further period unless the magistrate is satisfied that the order is necessary for the purposes of prosecuting an offence against this Act.