Police officer may seize things
50 Police officer may seize things
A police officer who enters premises under this part with the occupier’s consent may seize anything at the premises if—
the police officer is satisfied on reasonable grounds that the thing is connected with an offence against this Act; and
seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent.
A police officer who enters premises under this part (whether with the occupier’s consent or otherwise) may seize anything at the premises if satisfied on reasonable grounds that—
the thing is connected with an offence against this Act; and
the seizure is necessary to prevent the thing from being—
concealed, lost or destroyed; or
used to commit, continue or repeat the offence.
Also, a police officer who enters premises under this part (whether with the occupier’s consent or otherwise) may seize anything at the premises if satisfied on reasonable grounds that the thing poses a risk to the health or safety of people or of damage to property or the environment.
The powers of a police officer under this section are additional to the powers of a police officer under any other territory law.
Having seized a thing, a police officer may—
remove the thing from the premises where it was seized (the place of seizure) to another place; or
leave the thing at the place of seizure but restrict access to it.
A person commits an offence if—
the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (5); and
the person does not have a police officer’s approval to interfere with the thing.
Maximum penalty: 20 penalty units.
An offence against this section is a strict liability offence.
Division 6.3 Return and forfeiture of things seized
This Act’s bill:Explanatory statementSecond reading speech
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