Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 342

    (1)     A conservation officer who enters premises under this part with the occupier's consent may seize anything at the premises if—

        (a)     the conservation officer is 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)     A conservation officer who enters premises under a warrant under this part may seize anything at the premises that the conservation officer is authorised to seize under the warrant.

    (3)     A conservation officer who enters premises under this part (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)     Also, a conservation officer who enters premises under this part (whether with the occupier's consent, under a warrant or otherwise) may seize anything at the premises if satisfied on reasonable grounds that the thing poses a risk to the health or safety of people or of damage to property or the environment.

    (5)     The powers of a conservation officer under subsections (3) and (4) are additional to any powers of the conservation officer under subsection (1) or (2) or any other territory law.

    (6)     Having seized a thing, a conservation officer 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.

    (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 subsection (6); and

        (b)     the person does not have a conservation officer's approval to interfere with the thing.

Maximum penalty: 20 penalty units.

    (8)     An offence against this section is a strict liability offence.