Victorian Numbered Acts

DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 234

    (1)     An authorised officer may apply to the Magistrates' Court for an extension of the period for which the authorised officer may retain a document or thing seized under this Division—

        (a)     within 3 months after the seizure; or

        (b)     if an extension has been granted under this section, before the end of the period of the extension.

    (2)     The Magistrates' Court may order an extension (not exceeding 3 months) of the period during which a seized document or thing may be retained if it is satisfied that—

        (a)     the total period of retention does not exceed 12 months; and

        (b)     retention of the document or other thing is necessary for the purposes of an investigation under this Act.

    (3)     At least 7 days before the hearing of an application made under this section, the authorised officer must send notice of the application to—

        (a)     the owner of the document or thing described in the application; or

        (b)     the person from whom the document or other thing described in the application was seized.