Securing evidence of a contravention

In force

(1)

The monitoring powers include the power to secure a thing for a period not exceeding 24 hours if:

(a)

the thing is found during the exercise of monitoring powers on the premises; and

(b)

an authorised person believes on reasonable grounds that:

(i)

a provision that is subject to monitoring under this Part, or a related provision, has been contravened with respect to the thing; or

(ii)

the thing affords evidence of the contravention of a provision that is subject to monitoring under this Part, or a related provision; or

(iii)

the thing is intended to be used for the purpose of contravening a provision that is subject to monitoring under this Part, or a related provision; or

(iv)

the thing affords evidence that information subject to monitoring under this Part, or information given in compliance or purported compliance with a related provision, is not correct; or

(v)

the thing affords evidence in relation to a matter that is subject to monitoring under this Part, or in relation to compliance or purported compliance with a provision that is related to the matter; and

(c)

the authorised person believes on reasonable grounds that:

(i)

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and

(ii)

it is necessary to secure the thing without a warrant because the circumstances are serious and urgent.

The thing may be secured by locking it up, placing a guard or any other means.

Extensions

(2)

The authorised person may apply to an issuing officer for an extension of the 24‑hour period if the authorised person believes on reasonable grounds that the thing needs to be secured for more than that period.

(3)

Before making the application, the authorised person must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.

(4)

The 24‑hour period may be extended more than once.

Note:

For the process by which an issuing officer may extend the period, see section 33.

This Act’s bill:Explanatory memorandum Second reading speech

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22 Securing evidence of a contravention