Victorian Current Acts Victorian Current Acts(1) If an inspector seizes a document or computer under this Part, the inspector may apply to the Magistrates' Court for an order for an extension, not exceeding 3 months, of the period for which the inspector may retain the document or computer.
(2) An application under subsection (1) must be made—
(a) not later than 3 months after seizing a document or computer under this Part; or
(b) if an extension has been granted under this section, before the end of the period of the extension.
(3) The Magistrates' Court may make the order if the Court is satisfied that—
(a) it is in the interests of justice; and
(b) the total period of retention does not exceed 12 months; and
(c) retention of the document or computer is necessary—
(i) for the purposes of an investigation into whether a contravention of an essential services requirement has occurred; or
(ii) to enable evidence of an alleged contravention of an essential services requirement to be obtained for the purposes of a proceeding under this Act or relevant legislation.
(4) At least 7 days prior to the hearing of an application under this section, notice of the application must be sent to the owner of the document or computer described in the application.
Division 5—Offences
S. 39ZC inserted by No. 41/2021 s. 5.