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s 206

Seizure of thing relevant to an offence

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Part 12Inspection and compliance
Division 2Inspection and related functions

206 Seizure of thing relevant to an offence

(1)

If a wildlife officer when exercising a power under this Division finds a thing relevant to an offence, the wildlife officer may, subject to subsection (2), seize the thing.

(2)

The wildlife officer may seize the thing only if the wildlife officer reasonably suspects one or more of the following —

(a)

that the thing has been unlawfully obtained;

(b)

that possession of the thing at that time and place by the person in possession of it is unlawful;

(c)

that it is necessary to seize the thing for one or more of the following purposes —

(i)

to prevent it from being concealed, damaged, destroyed, interfered with or lost;

(ii)

to preserve its evidentiary value;

(iii)

to do a forensic examination on it under section 209;

(iv)

to prevent it from being used in the commission of another offence.

(3)

The CI Act sections 147 to 151 apply, with all necessary changes, to and in relation to —

(a)

the seizure of a thing under this section; and

(b)

a thing that may be seized under this section; and

(c)

a thing seized under this section.

(4)

The form prescribed for the CI Act section 147(1), as applied by subsection (3), may be adapted as necessary for the purposes of this section.

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Section 206 — Seizure of thing relevant to an offence — Biodiversity Conservation Act 2016 (Western Australia) — Barrister AI