Seizing evidence at a place that may only be entered with consent or warrant
44 Seizing evidence at a place that may only be entered with consent or warrant
This section applies if—
an authorised person is authorised to enter a place under this division only with the consent of an occupier of the place or a warrant; and
the authorised person enters the place after obtaining the necessary consent or warrant.
If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if—
the authorised person reasonably believes the thing is evidence of an offence against this Act; and
seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
If the authorised person enters the place with a warrant, the authorised person may seize the evidence for which the warrant was issued.
The authorised person also may seize anything else at the place if the authorised person reasonably believes—
the thing is evidence of an offence against this Act; and
the seizure is necessary to prevent the thing being—
hidden, lost or destroyed; or
used to continue, or repeat, the offence.
Also, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.
This Act’s bill:Explanatory memorandum
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