Northern Territory Consolidated Acts

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ENVIRONMENT PROTECTION (BEVERAGE CONTAINERS AND PLASTIC BAGS) ACT 2011 - SECT 67

Seizure of things

    (1)     An authorised officer may seize a thing under section 66(1)(f) or (g) only if the officer reasonably believes the thing:

        (a)     is connected with an offence against this Act and the seizure is necessary to prevent the thing from being:

            (i)     concealed, lost, damaged or destroyed; or

            (ii)     used to commit the offence; or

        (b)     is connected with an offence against this Act and the seizure is necessary to conduct tests for adducing evidence for a prosecution for the offence.

    (2)     After seizing the thing, the authorised officer may:

        (a)     take, or direct another person to take, the thing to the place stated by the officer; or

        (b)     give directions about handling and storing the thing that the officer considers appropriate.

    (3)     A person commits an offence if the person:

        (a)     interferes with or disposes of the seized thing; or

        (b)     removes the seized thing from:

            (i)     the place on which it was seized; or

            (ii)     the place to which it was taken by or under the direction of the authorised officer.

Fault elements:

The person:

        (a)     intentionally engages in the conduct; and

        (b)     is reckless as to whether an authorised officer seized the thing.

Maximum penalty:     100 penalty units.

    (4)     Subsection (3) does not apply if the person has the written consent of the NT EPA.



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