# Issuing officer may permit a seized thing to be retained

> act-s487Z — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

487Z Issuing officer may permit a seized thing to be retained

               Application to retain seized thing
          (1) The Secretary or Australian Border Force Commissioner may
              apply to an issuing officer for an order permitting the retention of a
              thing seized under this Division for a further period if proceedings
              in respect of which the thing may afford evidence have not
              commenced before the end of:
                (a) 60 days after the seizure; or
                (b) a period previously specified in an order of an issuing officer
                    under this section.
          (2) Before making the application, the Secretary or Australian Border
              Force Commissioner 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
                   Secretary or Australian Border Force Commissioner believes
                   to have such an interest of the proposed application.

               Order to retain seized thing
          (3) The issuing officer may order that the thing may continue to be
              retained for a period specified in the order if the issuing officer is
              satisfied that it is necessary for the thing to continue to be retained:
                (a) for the purposes of investigating whether:
                      (i) a sponsorship-related offence has been committed; or










                      (ii) a sponsorship-related provision has been contravened;
                           or
                     (iii) a work-related offence has been committed; or
                     (iv) a work-related provision has been contravened; or
                 (b) to enable evidence of such an offence or contravention to be
                     secured for the purposes of a prosecution or action.
          (4) The period specified must not exceed 3 years.