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

> act-s252E — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

252E Retention of certain seized things for extended period—order
         by magistrate
          (1) The magistrate may order that the authorised officer who made an
              application under section 252D may retain the thing if the
              magistrate is satisfied that it is necessary for the authorised 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 authorised officer
              may retain the thing.
          (3) A power conferred on a magistrate by this section is conferred on
              the magistrate in a personal capacity and not as a court or a
              member of a court.
          (4) The magistrate need not accept the power conferred.
          (5) A magistrate exercising a power under this section has the same
              protection and immunity as if he or she were exercising that power
              as, or as a member of, the court of which the magistrate is a
              member.