Section 252DMigration Act 1958 (Cth)

Retention of certain seized things for extended period—application for order by magistrate

(1) This section applies if an authorised officer seized a thing under paragraph 252C(1)(d) and proceedings in respect of which the thing might provide evidence have not commenced before the end of:

(a) 60 days after the authorised officer seizes the thing; or

(b) a period previously specified in an order of a magistrate under section 252E.

(2) The authorised officer may apply to a magistrate for an order that the officer may retain the thing for a further period.

(3) Before making the application, the authorised officer must:

(a) take reasonable steps to discover which persons’ interests would be affected by the retention of the thing; and

(b) if it is practicable to do so, notify each person who the authorised officer believes to be such a person of the proposed application.

Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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