Tobacco and Other Smoking Products Act 1927

An authorised officer who enters premises under this part—

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 stolen; or

used to commit, continue or repeat the offence; and

if the premises were entered with the occupier’s consent—may also seize anything at the premises if seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent; and

if the premises were entered under a warrant—may also seize anything at the premises that the authorised officer is authorised to seize under the warrant.

Having seized a thing, the authorised officer may—

remove the thing from the premises where it was seized to another place; or

leave the thing at the premises where it is seized and restrict access to it.

Note If an authorised officer seizes a thing, the authorised officer must give a receipt for it to the person from whom it was seized (see s 41H).

If access to a seized thing is restricted under subsection (2), the authorised officer must secure, in a conspicuous place at the premises, a notice identifying that the thing is seized.