Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HEMP FIBRE INDUSTRY FACILITATION ACT 2004 (NO. 48 OF 2004) - SECT 53

Power to seize things

    (1)     An inspector who enters premises under a warrant under this part may seize the evidence for which the warrant was issued.

    (2)     An inspector who enters premises under this part with the occupier's consent may seize a thing on the premises if—

        (a)     the inspector 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 as told to the occupier when seeking the occupier's consent.

    (3)     An inspector may also seize anything on premises entered under this part 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 inspector may—

        (a)     remove the thing from the premises where it was seized; or

        (b)     leave the thing at the premises where it was seized but restrict access to it.

    (5)     A person commits an offence if the person intentionally interferes with a thing to which access has been restricted under subsection (4) (b).

Maximum penalty: 50 penalty units.

    (6)     Subsection (5) does not apply if the Minister approved the interference.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback