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s 101

Seizing evidence at places that may be entered only with consent or warrant

In force
Part 5Investigation and enforcement
Division 4Seizure by authorised officers and forfeiture
Subdivision 1Power to seize

101 Seizing evidence at places that may be entered only with consent or warrant

(1)

This section applies if—

(a)

an authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and

(b)

the authorised officer enters the place after obtaining the consent or under a warrant.

(2)

If the authorised officer enters the place with the occupier’s consent, the officer may seize a thing at the place only if—

(a)

the officer reasonably believes the thing is evidence of an offence against this Act; and

(b)

seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.

(3)

If the authorised officer enters the place under a warrant, the officer may seize the evidence for which the warrant was issued.

(4)

The authorised officer may also seize anything else at the place if the officer reasonably believes—

(a)

the thing is evidence of an offence against this Act; and

(b)

the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to commit the offence.

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