Seizing evidence at a place that may be entered with consent or warrant
390ZH Seizing evidence at a place that may be entered with consent or warrant
This section applies if—
an authorised officer is authorised to enter a place under this chapter 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—
the commission of an offence against this Act; or
a breach of a condition of a person’s lease, licence or permit; 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—
the commission of an offence against this Act; or
a breach of a condition of a person’s lease, licence or permit; and
the seizure is necessary to prevent the thing being hidden, lost or destroyed.
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; or
breaching a condition of a person’s lease, licence or permit.
This Act’s bill:Explanatory memorandum
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