Document ID: chunk:federal_register_of_legislation:C2021A00074:clause:1_223a
Version: federal_register_of_legislation:C2021A00074
Segment Type: clause
Provision Reference: sch 1 cl 223A
Character Range: 97651–99614

223A  Securing evidence of a contravention
 (1) An authorised compliance officer who has entered premises under subsection 223(1) may secure a thing for a period not exceeding 24 hours if:
 (a) the thing is found during the exercise of powers on the premises under subsection 223(2); and
 (b) an authorised compliance officer believes on reasonable grounds that:
 (i) a designated compliance provision has been contravened with respect to the thing; or
 (ii) the thing affords evidence of the contravention of a designated compliance provision; or
 (iii) the thing is intended to be used for the purpose of contravening a designated compliance provision; or
 (iv) the thing affords evidence that information given in compliance, or purported compliance, with a designated compliance provision is not correct; and
 (c) the authorised compliance officer 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.

Extensions
 (2) The authorised compliance officer may apply to a magistrate for an extension of the 24‑hour period if the authorised compliance officer believes on reasonable grounds that the thing needs to be secured for more than that period.
 (3) Before making the application, the authorised compliance officer must give notice to the occupier of the premises, or another person who apparently represents the occupier, of the authorised compliance officer's intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.
 (4) The 24‑hour period may be extended more than once.
Note: For the process by which a magistrate may extend the period, see section 232A.