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LEGAL PROFESSION ACT 2007 - SECT 554
Seizing evidence at place entered under s 545
554 Seizing evidence at place entered under s 545
(1) An investigator, who enters a place with the consent of the occupier as
mentioned in section 545 (1) (a) , may seize a thing at the place if— (a)
the investigator believes the thing is evidence that is relevant to the
investigation being conducted by the investigator; 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.
(2) An investigator may seize a thing at
a place if— (a) the investigator reasonably believes the thing is evidence
that is relevant to the investigation being conducted by the investigator; and
(b) the place is— (i) a public place and the investigator entered the public
place as mentioned in section 545 (1) (b) ; or
(ii) a place of business and
the investigator entered the place as mentioned in section 545 (1) (d) , (e) ,
or (f) .
(3) An investigator, who enters a place under a warrant as mentioned
in section 545 (1) (c) , may seize the evidence for which the warrant was
issued.
(4) Without limiting subsection (1) , (2) or (3) , the investigator
may also seize anything else at the place if the investigator believes— (a)
the thing is evidence of unsatisfactory professional conduct or professional
misconduct of an Australian lawyer, misconduct of a law practice employee or
an offence against a relevant law; and
(b) the seizure is necessary to
prevent the thing being hidden, lost or destroyed.
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