Seizure of things
106 Seizure of things
(1) A heritage officer may seize a thing under section 105(1)(h) only if the officer reasonably believes the thing:
(a) is connected with an offence against this Act and the seizure is necessary to prevent the thing from being:
concealed, lost, damaged or destroyed; or
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.
After seizing the thing, the heritage 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.
A person commits an offence if the person:
interferes with or disposes of the seized thing; or
removes the seized thing from:
the place on which it was seized; or
(ii) the place to which it was taken by or under the direction of the heritage officer.
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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