Powers supporting seizure
183B Powers supporting seizure
Having seized property under this part, an investigator may—
move the property from the place where it was seized; or
leave the property at the place of seizure but take reasonable action to restrict access to it.Examples for paragraph (b)—
1 sealing the seized property and marking it to show access to it is restricted
2 sealing the entrance to a room where the seized property is situated and marking it to show access to it is restricted
If the investigator restricts access to the seized property, a person must not tamper, or attempt to tamper, with the property or something restricting access to the property without an investigator’s approval.Maximum penalty—60 penalty units.
To enable the property to be seized, the investigator 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 stated reasonable time.
The requirement—
must be made by written notice; or
if for any reason it is not practicable to give the notice, may be made orally and confirmed by written notice as soon as practicable.
The person must comply with the requirement unless the person has a reasonable excuse for not complying with it.Maximum penalty—60 penalty units.
A further requirement may be made under this section in relation to the same property if it is necessary and reasonable to make the further requirement.
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