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s 67

Seizure of things

In force
Part 4Enforcement
Division 3Powers of authorised officers on entry of places

67 Seizure of things

(1) An authorised officer may seize a thing under section 66(1)(f) or (g) only if the officer believes on reasonable grounds that the thing:

(a) is connected with an offence against this Act and the seizure is necessary to prevent the thing from being:

(i)

concealed, lost, damaged or destroyed; or

(ii)

used to commit the offence; or

(b) is connected with an offence against this Act and the seizure is necessary to conduct tests for adducing evidence for a prosecution for the offence.

(2)

After seizing the thing, the authorised officer may:

(a) take, or direct another person to take, the thing to the place stated by the officer; or

(b) give directions about handling and storing the thing that the officer considers appropriate.

(3)

A person commits an offence if the person:

(a)

interferes with or disposes of the seized thing; or

(b)

removes the seized thing from:

(i)

the place on which it was seized; or

(ii) the place to which it was taken by or under the direction of the authorised officer.

Fault elements:

The person:

(a)

intentionally engages in the conduct; and

(b)

is reckless as to whether an authorised officer seized the thing.

Maximum penalty: 100 penalty units.

(4) Subsection (3) does not apply if the person has the written consent of the CEO.

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