Seizing evidence at a place that may be entered only with consent or warrant
161 Seizing evidence at a place that may be entered only with consent or warrant
This section applies if—
an authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and
the authorised officer enters the place after obtaining the consent or under a warrant.
If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place only if—
the authorised officer reasonably believes the thing is evidence of an offence against this Act; and
seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.
If the authorised officer enters the place under a warrant, the authorised officer may seize the evidence for which the warrant was issued.
The authorised officer may also seize anything else at the place if the authorised officer reasonably believes—
the thing is evidence of an offence against this Act; and
the seizure is necessary to prevent the thing being—
hidden, lost or destroyed; or
used to continue, or repeat, the offence.
The authorised officer may also seize a thing at the place if the authorised officer reasonably believes it has just been used in committing an offence against this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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