Queensland Consolidated Acts

ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 138

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

(1) This section applies if—

(a) an authorised officer is authorised to enter a place under division 2 , subdivision 1 only with the consent of the occupier of 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 authorised officer may seize a thing at the place if—

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

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

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

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

(a) the thing is evidence of an offence against this Act; 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.

(5) Also, the authorised officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing an offence against this Act.