Antarctic Environmental Protection Act — A-11.44 35
Seizure 35 (1) Whenever, during the course of an inspection or search, an enforcement officer has reasonable grounds to believe that an offence under this Act has been committed, the enforcement officer may seize and detain anything (a) by means of or in relation to which the enforcement officer reasonably believes the offence occurred; or (b) that the enforcement officer reasonably believes will afford evidence of the offence. Limitation (2) An enforcement officer shall not seize anything under subsection (1) unless the thing is required as evidence or for purposes of analysis, or unless the enforcement officer is of the opinion that the seizure is necessary in the public interest. Notice of contravention (3) An enforcement officer who has seized and detained a thing under subsection (1) shall, as soon as practicable, advise the person in whose possession it was at the time of the seizure of the provision of this Act or the regulations that the enforcement officer believes has been contravened. Detention and release (4) A thing seized under subsection (1) or section 32, other than a vessel or aircraft, shall not be detained (a) after the owner of the thing or the person in whose possession it was at the time of the seizure applies to the enforcement officer or to the Minister for its release and the enforcement officer or the Minister is satisfied that it is not necessary in the public interest to continue to detain the thing or that the thing is not required as evidence or for purposes of analysis; or (b) after the expiry of 90 days after the day of its seizure, unless before that time (i) the thing has been forfeited under section 40, (ii) proceedings have been instituted in respect of the contravention in relation to which the thing was seized, in which case it may be detained until the proceedings are finally concluded, or (iii) the Minister has, in accordance with section 36, served or made reasonable efforts to serve notice of an application for an order extending the period during which the thing may be detained. Storage of seized thing (5) A thing seized by an enforcement officer under subsection (1) or section 32, other than a vessel, aircraft, platform or other structure, shall be kept or stored in the place where it was seized except if (a) in the opinion of the enforcement officer, (i) it is not in the public interest to do so, or (ii) the thing seized, or a sample of it, is required as evidence and removal and storage of the thing seized are necessary to ensure that the thing or sample will be available as evidence in any related proceedings, or (b) the person in whose possession it was at the time of its seizure or the person entitled to possession of the place requests the enforcement officer to have it removed to some other place, in which case, the thing may be removed to and stored in any other place at the direction of or with the concurrence of an enforcement officer and at the expense of the person who requested that it be removed. Interference with seized thing (6) Unless authorized by an enforcement officer, no person shall remove, alter or interfere in any way with a thing seized and detained by an enforcement officer under subsection (1) or section 32, but an enforcement officer shall, at the request of the person from whom it was seized, allow that person or any person authorized by that person to examine it and, if practicable, provide a sample or copy of it to that person.