Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:132
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 132
Character Range: 139665–141750

132  Power to seize evidence
 (1) An inspector who enters a place of inspection in accordance with a warrant issued under this Division may seize the evidence for which the warrant was issued.
 (2) An inspector who enters a place of inspection under section 126 with the occupier's consent may seize a thing at the place of inspection if:
 (a) the inspector is satisfied on reasonable grounds that the thing is connected with an offence against this Ordinance; and
 (b) seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier's consent.
 (3) An inspector who enters a place of inspection under section 126 may seize anything at the place of inspection if the inspector is satisfied on reasonable grounds that:
 (a) the thing is connected with an offence against this Ordinance; and
 (b) seizure of the thing is necessary to prevent the thing being:
 (i) concealed, lost or destroyed; or
 (ii) used to commit, continue or repeat the offence.
 (4) An inspector who enters a place of inspection under section 126 may seize anything at the place of inspection if the inspector is satisfied on reasonable grounds that the thing poses a risk to:
 (a) the health or safety of a person; or
 (b) public or private property; or
 (c) the environment.
 (5) The powers of an inspector under subsections (3) and (4) are additional to the powers of the inspector under subsection (1) or (2) or under any other law.
 (6) If an inspector seizes a thing at a place of inspection, an inspector may:
 (a) move the thing from the place of inspection to another place; or
 (b) leave the thing at the place of inspection but restrict access to it.
Note: Division 6 of this Part (Dealing with things seized) applies to a thing seized under this section.
 (7) A person commits an offence if:
 (a) the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under paragraph (6)(b); and
 (b) the person does not have an inspector's approval to interfere with the thing.
Penalty: 38 penalty units.