Securing evidence
42 Securing evidence
Power to secure evidence
The monitoring powers include the power to secure a thing for up to 72 hours if:
the thing is found during the exercise of a monitoring power under section 41; and
an inspector reasonably believes that:
a provision of this Act (including an offence provision, or a civil penalty provision, of this Act) has been contravened with respect to the thing; or
the thing affords evidence of the contravention of a provision referred to in subparagraph (i); or
the thing is intended to be used for the purpose of contravening a provision referred to in subparagraph (i); or
the thing affords evidence that information provided under, or for the purposes of, this Act is not correct; or
the thing affords evidence in relation to an incident referred to in paragraph 40(1)(c); and
the inspector reasonably believes that it is necessary:
to secure the thing in order to prevent it from being concealed, lost or destroyed during the period; and
to secure the thing without a warrant because it is not practicable to obtain a warrant or the circumstances are serious and urgent.
It may be necessary to secure a thing in order to prevent it from being concealed, lost or destroyed while a warrant to seize the thing is sought.
The period for which a thing may be secured may be extended (see section 44).
The thing may be secured by locking it up, placing a guard or any other means.
Reporting exercise of power
If an inspector exercises a power under this section, the inspector must give the Director‑General a report describing:
the exercise of the power; and
the grounds for the inspector’s belief under paragraph (1)(c).
A report under subsection (3) must be given as soon as practicable, but no later than 28 days, after the exercise of the power.
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