Commonwealth Numbered Acts

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ILLEGAL LOGGING PROHIBITION ACT 2012 (NO. 166, 2012) - SECT 26

Securing evidential material

             (1)  This section applies if an inspector enters premises under a monitoring warrant for either or both of the following purposes:

                     (a)  determining whether this Act has been, or is being, complied with;

                     (b)  determining whether information given in compliance, or purported compliance, with this Act is correct.

             (2)  The monitoring powers include the power to secure a thing for a period not exceeding 24 hours if:

                     (a)  the thing is found during the exercise of monitoring powers on the premises; and

                     (b)  an inspector believes on reasonable grounds that:

                              (i)  the thing affords evidence of a contravention of this Act; and

                             (ii)  it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and

                            (iii)  it is necessary to secure the thing without a warrant because the circumstances are serious and urgent.

             (3)  If an inspector believes on reasonable grounds that the thing needs to be secured for more than 24 hours, the inspector may apply to an issuing officer for an extension of that period.

             (4)  The inspector must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.

             (5)  The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.

             (6)  The 24-hour period may be extended more than once.



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