Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 82

82 Power to seize evidence from places

(1) An authorised officer who enters a place under this part with a warrant may seize the evidence for which the warrant was issued.

(2) An authorised officer who enters a place under this part with the occupier’s consent may seize a thing if—

(a) the authorised officer believes on reasonable grounds 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 in seeking the occupier’s consent.

(3) An authorised officer may also seize another thing if the officer believes on reasonable grounds—

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

(b) the seizure is necessary to prevent the thing being—

(i) concealed, lost or destroyed; or

(ii) used to commit, continue or repeat the offence.

(4) Having seized a thing, an authorised officer may—

(a) remove the thing from the place where the thing was seized (the
"place of seizure" ) to another place; or

(b) leave the thing at the place of seizure but restrict access to the thing.

Example of subsection (4)(b)—

An authorised officer may—

(a) seal a thing and mark it to show it has been seized; or

(b) seal the entrance to a room where the seized thing is situated and mark it to show it contains a thing that has been seized.

(5) If an authorised officer restricts access to a seized thing, a person must not tamper with the thing without the approval of the general manager.

Penalty—

Maximum penalty—350 penalty units.