South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 184

184—Magistrate may order that material be retained

        (1)         If an authorised officer has seized material liable to seizure under this Act under this Division, and proceedings in respect of which the material might afford evidence have not commenced before the end of—

            (a)         60 days after the seizure; or

            (b)         a period previously specified in an order of a magistrate under this section,

the authorised officer may apply to a magistrate for an order that the authorised officer may retain the material for a further period.

        (2)         Before making an application, an authorised officer must—

            (a)         take reasonable steps to discover whose interests would be affected by the retention of the material; and

            (b)         if it is practicable to do so, notify such persons of the proposed application.

        (3)         A magistrate may, if satisfied that it is necessary for the purpose of initiating or conducting proceedings under this Act, order that the authorised officer may retain the material for a specified time.