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VEGETATION MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2018 - SECT 24
Amendment of s 39 (Seizing evidence)
24 Amendment of s 39 (Seizing evidence)
(1) Section 39 (1), after ‘or under’—
insert—
section 30A or
(2) Section 39 (2)—
omit, insert— (2) If the authorised officer enters the place with the
occupier’s consent or under section 30A, the authorised officer may seize a
thing at the place if— (a) the authorised officer reasonably believes the
thing is evidence of a vegetation clearing offence; and
(b) either— (i) if
the authorised officer entered the place with the occupier’s
consent—seizure of the thing is consistent with the purpose of the entry as
told to the occupier when asking for the occupier’s consent; or
(ii) if the
authorised officer entered the place under section 30A—seizure of the thing
is consistent with the purpose of the proposed entry stated in the written
notice of entry given to the occupier under that section.
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