Document ID: chunk:federal_register_of_legislation:C2010A00125:clause:1_51a:p2
Version: federal_register_of_legislation:C2010A00125
Segment Type: clause
Provision Reference: sch 1 cl 51A (pt 2/2)
Character Range: 24364–26168

24 hours if:
 (a) the thing is found on the premises during the exercise of monitoring powers under subsection (1); and
 (b) the occupier of the premises, or another person who apparently represents the occupier, consents to the inspector entering the premises; and
 (c) the inspector believes, on reasonable grounds, that:
 (i) the thing affords evidence as to the commission of an offence against this Act or the regulations, as to a contravention of a civil penalty provision, or as to both; and
 (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained.
 (6) The inspector must not exercise the power under subsection (5) unless the inspector has given the occupier of the premises, or another person who apparently represents the occupier, a written notice that specifies the thing that the inspector intends to secure.
 (7) If an inspector believes on reasonable grounds that the thing needs to be secured for more than 24 hours, he or she may apply to a magistrate for an extension of that period.
 (8) The inspector must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier is entitled to be heard in relation to that application.
 (9) The 24 hour period may be extended more than once.

Offence
 (10) A person commits an offence if:
 (a) an inspector has given the occupier of premises, or another person who apparently represents the occupier of premises, a notice under subsection (6); and
 (b) the notice specifies a thing; and
 (c) the person moves, alters or interferes with the thing specified in the notice.
Penalty for contravention of this subsection: Imprisonment for 2 years.