Document ID: chunk:federal_register_of_legislation:C2024A00091:section:42
Version: federal_register_of_legislation:C2024A00091
Segment Type: section
Provision Reference: s 42
Character Range: 67949–69840

42  Securing evidence

Power to secure evidence
 (1) The monitoring powers include the power to secure a thing for up to 72 hours if:
 (a) the thing is found during the exercise of a monitoring power under section 41; and
 (b) an inspector reasonably believes that:
 (i) a provision of this Act (including an offence provision, or a civil penalty provision, of this Act) has been contravened with respect to the thing; or
 (ii) the thing affords evidence of the contravention of a provision referred to in subparagraph (i); or
 (iii) the thing is intended to be used for the purpose of contravening a provision referred to in subparagraph (i); or
 (iv) the thing affords evidence that information provided under, or for the purposes of, this Act is not correct; or
 (v) the thing affords evidence in relation to an incident referred to in paragraph 40(1)(c); and
 (c) the inspector reasonably believes that it is necessary:
 (i) to secure the thing in order to prevent it from being concealed, lost or destroyed during the period; and
 (ii) to secure the thing without a warrant because it is not practicable to obtain a warrant or the circumstances are serious and urgent.
Note 1: It may be necessary to secure a thing in order to prevent it from being concealed, lost or destroyed while a warrant to seize the thing is sought.
Note 2: The period for which a thing may be secured may be extended (see section 44).
 (2) The thing may be secured by locking it up, placing a guard or any other means.

Reporting exercise of power
 (3) If an inspector exercises a power under this section, the inspector must give the Director‑General a report describing:
 (a) the exercise of the power; and
 (b) the grounds for the inspector's belief under paragraph (1)(c).
 (4) A report under subsection (3) must be given as soon as practicable, but no later than 28 days, after the exercise of the power.