Australian Capital Territory Repealed Acts

This legislation has been repealed.

WASTE MINIMISATION ACT 2001 (REPEALED) - SECT 37

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

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

        (a)     the authorised person 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 authorised person 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 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 thing to which access has been restricted under subsection (4); and

        (b)     the person does not have the director-general's approval to interfere with the thing.

Maximum penalty: 50 penalty units.

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