Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 823

    (1)     An authorised person who enters premises under this chapter with the occupier's consent may seize anything at the premises if—

        (a)     satisfied on reasonable grounds that the thing is connected with an offence against this Act; and

        (b)     seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier's consent.

    (2)     An authorised person who enters premises under a warrant under this chapter may seize anything at the premises that the authorised person is authorised to seize under the warrant.

    (3)     An authorised person who enters premises under this chapter (whether with the occupier's consent, under a warrant or otherwise) may seize anything at the premises if satisfied on reasonable grounds that—

        (a)     the thing is connected with an offence against this Act; and

        (b)     the seizure is necessary to prevent the thing from being—

              (i)     concealed, lost or destroyed; or

              (ii)     used to commit, continue or repeat the offence.

    (4)     Having seized a thing, an authorised person may—

        (a)     remove the thing from the premises where it was seized (the place of seizure ) to another place; or

        (b)     leave the thing at the place of seizure but restrict access to it.

    (5)     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 subsection (4); and

        (b)     the person knows access to the seized thing has been restricted; and

        (c)     the person does not have an authorised person's approval to interfere with the thing.

Maximum penalty: 50 penalty units.

    (6)     Strict liability applies to subsection (5) (a).