Victorian Current Acts

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Magistrates' Court may extend 21 day period

S. 104A(1) amended by No. 37/2014 s. 10(Sch. item 65.17(a)).

    (1)     An authorised officer or police officer may apply to the Magistrates' Court within 21 days after seizing a document for an extension of the 21 day period referred to in section 104(5).

    (2)     The Court may order such an extension if it is satisfied—

        (a)     that the seizure of the document was reasonable; and

        (b)     that the granting of the extension would not unreasonably prejudice, or cause unreasonable hardship to, the person from whom the document was seized; and

        (c)     that it is in the public interest to grant the extension.

    (3)     The Court may adjourn an application to enable notice of the application to be given to any person.

S. 104A(4) amended by No. 37/2014 s. 10(Sch. item 65.17(b)).

    (4)     If an application is made under subsection (1), it is not necessary for the authorised officer or police officer to give or send a copy of the document under section 104(5) until the day after the Court refuses the application or the application is withdrawn or abandoned, or until the day specified by the Court, as the case may be.

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