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(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 such person of the proposed
application.
(3) If the magistrate is satisfied that it is necessary for the investigator to
continue to retain the thing:
(a) for the purposes of an investigation as to whether an offence against
this Act or the regulations has been committed; or
(b) to enable evidence of an offence against this Act to be secured for
the purposes of a prosecution;
the magistrate may order that the investigator may retain the thing for a
period (not exceeding 90 days) specified in the order.
(4) Paragraph 32AH (1) (c) continues to apply to the thing throughout the
specified period.
32AJ Power to require persons to answer questions and produce
documents
(1) An investigator who is on or in premises that he or she has entered under
a warrant under this Part may require anyone on or in the premises to:
(a) answer any questions put by the investigator; and
(b) produce any books, records or documents requested by the
investigator.
(2) A person must not fail to comply with a requirement under
subsection (1).
Penalty: 30 penalty units.
(2A) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A)
(see subsection 13.3 (3) of the Criminal Code).
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(3) It is not a reasonable excuse for a person to refuse or fail to answer a
question or produce a book, record or document on the ground that to do
so would tend to incriminate the person, but the answer to any question,
or any book, record or document produced, or any information or thing
obtained as a direct or indirect consequence of answering the question or
producing the book, record or document is not admissible in evidence
against the person in any criminal proceedings, other than proceedings for
an offence against subsection (2).
32AK Powers in relation to aircraft etc.
(1) An investigator may, for the purpose of performing the functions or
exercising the powers of an investigator under this Part in relation to an
aircraft, vessel or vehicle, require the person apparently in control of the
aircraft, vessel or vehicle to do either or both of the following:
(a) to stop and detain the aircraft, vehicle or vessel for such reasonable
period as the investigator specifies;
(b) to take all reasonable steps to ensure that the aircraft, vehicle or
vessel, or a specified part of it, is left undisturbed for such reasonable
period as the investigator specifies.
(2) A person must not fail to comply with a requirement under subsection
(1).
Penalty: 30 penalty units.
(3) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3)
(see subsection 13.3 (3) of the Criminal Code).
(4) An offence under subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
32AL Destruction or disposal of certain goods
A magistrate may, on application by CASA, make an order authorising CASA
to destroy, or otherwise dispose of, specified goods seized under section
32AH, if the magistrate is satisfied that:
(a) apart from this section, an investigator is required to return the goods
to a person; and
(b) either:
(i) the investigator cannot, despite making reasonable efforts,
locate the person; or
(ii) the person has refused to take possession of the goods .
32AM Compensation for acquisition of property
(1) If:
(a) apart from this section, the operation of this Part would result in the
acquisition of property from a person otherwise than on just terms;
and
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Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(b) the acquisition would be invalid because of paragraph 51 (xxxi) of
the Constitution;
CASA is liable to pay compensation of a reasonable amount to the person
in respect of the acquisition.
(2) If CASA and the person do not agree on the amount of the compensation,
the person may institute proceedings in a court of competent jurisdiction
for the recovery from CASA of such reasonable amount of compensation
as the court determines.
(3) In this section:
　
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