Powers supporting seizure
149N Powers supporting seizure
Having seized a thing, an authorised fire officer may—
move the thing from the premises where it was seized (the premises of seizure); or
leave the thing at the premises of seizure but take reasonable action to restrict access to it.Examples of restricting access to a thing—
• sealing a thing and marking it to show access to it is restricted
• sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted
If an authorised fire officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an authorised fire officer’s approval.Maximum penalty—40 penalty units.
To enable a thing to be seized, an authorised fire officer may require the person in control of it—
to take it to a stated reasonable place by a stated reasonable time; and
if necessary, to remain in control of it at the stated place for a reasonable time.
The requirement—
must be made by notice in the approved form; or
if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.
The person must comply with the requirement unless the person has a reasonable excuse for not complying.Maximum penalty—40 penalty units.
A further requirement may be made under this section in relation to the same thing if it is necessary and reasonable to make the further requirement.
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