Document ID: chunk:federal_register_of_legislation:C2010A00125:clause:1_53:p2
Version: federal_register_of_legislation:C2010A00125
Segment Type: clause
Provision Reference: sch 1 cl 53 (pt 2/2)
Character Range: 30672–32641

put the material in documentary form as mentioned in paragraph (4)(b) or to transfer the material as mentioned in paragraph (4)(c); or
 (b) possession by the occupier of the equipment could constitute an offence against a law of the Commonwealth.
 (7) An inspector must not seize equipment under paragraph (4)(a) or documents under paragraph (4)(b) unless the inspector entered the premises under an enforcement warrant.

Seizing other evidential material
 (8) If:
 (a) in the course of searching for a particular thing, in accordance with an enforcement warrant, an inspector finds another thing that the inspector believes on reasonable grounds to be evidential material; and
 (b) the inspector believes, on reasonable grounds, that it is necessary to seize the other thing in order to prevent its concealment, loss or destruction, or its use:
 (i) in committing, continuing or repeating an offence against this Act or the regulations; or
 (ii) in committing, continuing or repeating a contravention of a civil penalty provision;
the enforcement powers include the power to seize that other thing.

Seizing containers
 (9) If:
 (a) an inspector has a power to seize a thing (the seizable thing) under subsection (2), (4) or (8); and
 (b) the seizable thing is in a container; and
 (c) the inspector believes, on reasonable grounds, that it is not reasonably practicable to seize the seizable thing without also seizing the container;
then, for the purposes of seizing the seizable thing, the enforcement powers include the power to seize the container containing the seizable thing (whether or not the container also contains any other thing).
 (10) If the seizable thing is returned under section 53G or 60B, the container must be returned at the same time as the seizable thing.
 (11) If the seizable thing is forfeited to the Commonwealth, the container must be returned as soon as reasonably practicable after the forfeiture.
Note: For forfeiture, see Division 3.