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s 86

Interference with seized things

In force
Part 5Inspection and analysis
Division 5.3Seizure

86 Interference with seized things

(1)

Where an authorised officer has seized a thing under this part and detained it at a place pursuant to section 85, a person must not, without the permission of the officer, remove, break, open or interfere with the thing.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(2)

Where an offence against subsection (1) has been committed, then whether or not any person has been charged with or convicted of that offence, the occupier of the place where the offence was committed commits an offence.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(3)

It is a defence to a prosecution for breach of subsection (2) if the defendant establishes that the defendant—

(a)

had taken all reasonable steps to prevent the breach of subsection (1); or

(b)

had reasonable grounds for believing that another person had taken, or would take, all reasonable steps to prevent that breach.

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