Victorian Current Acts

GENE TECHNOLOGY ACT 2001 - SECT 170

    (1)     An inspector may apply to the Magistrates' Court for an order that he or she may retain the thing for a further period if—

        (a)     before the end of 60 days after the seizure; or

        (b)     before the end of a period previously specified in an order of the Magistrates' Court under this section—

proceedings in respect of which the thing may afford evidence have not commenced.

    (2)     If the Magistrates' Court is satisfied that it is necessary for an inspector to continue to retain the thing—

        (a)     for the purposes of an investigation as to whether an offence against this Act or the regulations has been committed; or

        (b)     to enable evidence of an offence against this Act or the regulations to be secured for the purposes of a prosecution—

the Court may order that an inspector may retain the thing for a period (not being a period exceeding 3 years) specified in the order.

    (3)     Before making the application, the inspector must—

        (a)     take reasonable steps to discover who has an interest in the retention of the thing; and

        (b)     if it is practicable to do so, notify each person whom the inspector believes to have such an interest of the proposed application.

Note

This section differs from section 170 of the Commonwealth Act.