Section 268CU — Migration Act 1958 (Cth)

Magistrate or ART member may order that thing be retained

(1) The magistrate or ART member may order that the authorised officer who made an application under section 268CT may retain the thing if the magistrate or ART member is satisfied that it is necessary for the officer to do so:

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

(b) to enable evidence of an offence to be secured for the purposes of a prosecution.

(2) The order must specify the period for which the officer may retain the thing.

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.

Related sections

s 268CR — Powers without warrant in emergency situations
s 268CS — Retaining seized things
s 268CT — Authorised officer may apply for a thing to be retained for a further period
s 268CV — Occupier to provide authorised officer with all facilities and assistance
s 268CW — Announcement before entry
s 268CX — Copy of monitoring warrant to be given to occupier before entry

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