New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 546

546 Seizing evidence at a place that may be entered only with consent or warrant

(1) This section applies if--

(a) an authorised officer is authorised to enter a place only with the consent of an occupier at the place or a warrant; and

(b) the authorised officer enters the place after obtaining the necessary consent or under a warrant.

(2) If the authorised officer enters the place with the occupier's consent, the officer may seize a thing at the place if--

(a) the officer reasonably believes the thing is evidence of an offence against this Law; and

(b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier's consent.

(3) If the authorised officer enters the place under a warrant, the officer may seize the evidence for which the warrant was issued.

(4) The authorised officer may also seize anything else at the place if the officer reasonably believes--

(a) the thing is evidence of an offence against this Law; and

(b) the seizure is necessary to prevent the thing being--

(i) hidden, lost or destroyed; or

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