Document ID: chunk:federal_register_of_legislation:C2016C00940:section:27
Version: federal_register_of_legislation:C2016C00940
Segment Type: section
Provision Reference: s 27
Character Range: 32522–34791

27  Emergency searches and seizures
 (1) Subject to subsection (2), where an inspector believes on reasonable grounds that:
 (a) there is situated upon any land, or upon or in any premises, vessel, aircraft or vehicle any article or thing that the inspector believes on reasonable grounds will afford evidence of the commission of an offence against this Act; and
 (b) the exercise of powers under this section is necessary to prevent the concealment, loss or destruction of the article or thing;
the inspector may, with such assistance as the inspector thinks fit, and if necessary by force:
 (c) enter upon the land or upon or into the premises, vessel, aircraft or vehicle;
 (d) search for the article or thing; and
 (e) seize the article or thing.
 (2) An inspector shall not exercise powers under subsection (1) unless the power is exercised in circumstances of such seriousness and urgency as to require and justify the immediate exercise of those powers without the authority of a warrant issued under section 25.
 (3) The reference in subsection (2) to a warrant issued under section 25 includes a reference to such a warrant issued in accordance with section 26.
 (4) Where an inspector may enter a vessel, aircraft or vehicle under subsection (1), the inspector may, for the purpose of effecting that entry and for the purpose of exercising a power referred to in paragraph (1)(d) or (e), stop and detain the vessel, aircraft or vehicle.
 (5) Where an inspector seizes any article or thing pursuant to subsection (1), the inspector may retain the article or thing until the expiration of a period of 60 days after the seizure or, if proceedings for an offence against this Act in respect of which the article or thing may afford evidence are instituted within that period, until the proceedings (including any appeal to a court in relation to those proceedings) are terminated.
 (6) The Minister may authorise any article or thing, seized under subsection (1) to be released to the owner, or to the person from whom the article or thing was seized, either unconditionally or on such conditions as the Minister thinks fit, including conditions as to the giving of security for payment of the value of the article or thing if it is forfeited under section 31.