Document ID: chunk:federal_register_of_legislation:C2024C00508:section:131c
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 131C
Character Range: 342049–343667

131C  Securing evidence of the contravention of a related provision
 (1) The monitoring powers include the power to secure a thing for a period not exceeding 7 days if:
 (a) the thing is found during the exercise of monitoring powers on the premises; and
 (b) an inspector believes on reasonable grounds that the thing affords evidence of:
 (i) the commission of an offence against an agvet law or the contravention of an agvet penalty provision or both; or
 (ii) an offence against the Crimes Act 1914 or the Criminal Code that relates to an agvet law; and
 (c) the inspector believes on reasonable grounds that:
 (i) 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; and
 (ii) it is necessary to secure the thing without a warrant because the circumstances are serious and urgent.
The thing may be secured by locking it up, placing a guard or any other means.
 (2) If an inspector believes on reasonable grounds that the thing needs to be secured for more than 7 days, the inspector may apply to a magistrate for an extension of that period.
 (3) 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 or other person is entitled to be heard in relation to that application.
 (4) The provisions of this Part relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.
 (5) The 7 day period may be extended more than once.