Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 157ZD

157ZD Seizure of harmful thing

(1) A person authorised under section 157Y to carry out a search (the
"searcher" ) may seize anything found during the search that the searcher reasonably suspects is—

(a) connected with, or is evidence of, the commission or intended commission of an offence against an Act; or

(b) a harmful thing.

(2) If the searcher believes a seized thing is connected with, or is evidence of, the commission or intended commission of an offence against an Act, the searcher must give it to an authorised inspector for the Act .

(3) The seizure provisions of the Act mentioned in subsection (2) apply to the thing as if the searcher had seized it under the provisions of the Act that relate to the offence.

(4) If the authorised inspector is not reasonably satisfied the thing is evidence of the commission or intended commission of an offence against the Act , the authorised inspector must return it to the searcher who must deal with it under this section.

(5) If the searcher believes a thing seized from a person, or a thing returned under subsection (4) , is a harmful thing, the searcher must—

(a) keep it for the person and give it to the person on the person’s discharge from the public sector health service facility; or

(b) give it to someone else if the person is able to give, and has given, agreement to do so; or

(c) if the searcher is satisfied someone else is entitled to possession of the thing—give or send it to the person; or

(d) if the searcher is satisfied it is of negligible value—dispose of it in the way the person in charge of the public sector health service facility believes appropriate.

(6) Regard must be had to a thing’s nature, condition and value in deciding—

(a) whether it is reasonable to make inquiries or efforts; and

(b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.

(7) In this section—

"authorised inspector" , for an Act, means a person who is authorised under the Act to perform inspection and enforcement functions.

"seizure provisions" , of an Act, means the provisions of the Act relating to the access to, and retention, disposal and forfeiture of, a thing after its seizure under the Act .