Seizing evidence at a place that may be entered only with consent or warrant
150BX Seizing evidence at a place that may be entered only with consent or warrant
This section applies if—
an investigator is authorised to enter a place only with the consent of an occupier of the place or a warrant; and
the investigator enters the place after obtaining the consent or under a warrant.
If the investigator enters the place with the occupier’s consent, the investigator may seize a thing at the place only if—
the investigator reasonably believes the thing is evidence of an offence against a conduct provision; 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 investigator enters the place under a warrant, the investigator may seize the evidence for which the warrant was issued.
The investigator may also seize anything else at the place if the investigator reasonably believes—
the thing is evidence of an offence against a conduct provision; and
the seizure is necessary to prevent the thing being hidden, lost or destroyed.
This Act’s bill:Explanatory memorandumSecond reading speech
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