Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 404

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

(1) This section applies if—

(a) an authorised person is authorised to enter a place under this chapter only with the consent of the occupier or a warrant; and

(b) the authorised person enters the place after obtaining the necessary consent or warrant.

(2) Also, if the authorised person enters the place with a warrant, this section applies only if the warrant was issued under section 395 (1) (a) .

(3) If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if—

(a) the authorised person 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.

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

(5) The authorised person also may seize anything else at the place if the authorised person 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.

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