Power to seize evidence
34 Power to seize evidence
An inspector who enters premises with a warrant under this part may seize the evidence for which the warrant was issued.
An inspector who enters premises under this part without a warrant may seize a thing on the premises if—
the inspector is satisfied the thing is connected with an offence against this Act; and
seizure of the thing is consistent with the purpose of the entry as told to the occupier in seeking the occupier’s consent.
An inspector may also seize another thing on the premises entered under this part if the inspector is satisfied—
the thing is connected with an offence against this Act; and
the seizure is necessary to prevent the thing being—
concealed, lost or destroyed; or
used to commit, continue or repeat the offence.
Having seized a thing, the inspector 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 must not, without the construction occupations registrar’s approval, interfere with a thing to which access has been restricted under subsection (4).
Maximum penalty (subsection (5)): 50 penalty units, imprisonment for 6 months or both.
This Act’s bill:Explanatory statementSecond reading speech
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