(1) Having seized a
thing, an inspector may —
(a) move
the thing from the place where it was seized (the place of seizure ); or
(b)
leave the thing at the place of seizure but take reasonable action to restrict
access to it; or
(c) if
the thing is plant or a structure — dismantle or cause to be dismantled
the plant or structure.
Note for this subsection:
For the purposes of
paragraph (b), the following are examples of reasonable action to restrict
access —
(a)
sealing a thing and marking it to show access to it is restricted;
(b)
sealing the entrance to a room where the seized thing is situated and marking
it to show access to it is restricted.
(2) If an inspector
restricts access to a seized thing, a person must not tamper, or attempt to
tamper, with the thing or something restricting access to the thing without an
inspector’s approval.
Penalty for this subsection:
(a) for
an individual, a fine of $12 500;
(b) for
a body corporate, a fine of $55 000.
(3) To enable a thing
to be seized, an inspector may require the person in control of it —
(a) to
take it to a stated reasonable place by a stated reasonable time; and
(b) if
necessary, to remain in control of it at the stated place for a reasonable
time.
(4) The requirement
—
(a) must
be made by written notice; or
(b) if
for any reason it is not practicable to give the notice, may be made orally
and confirmed by written notice as soon as practicable.
(5) A further
requirement may be made under this section in relation to the same thing if it
is necessary and reasonable to make the further requirement.
(6) The person must
not, without reasonable excuse, refuse or fail to comply with a requirement
under subsection (3) or (5).
Penalty for this subsection:
(a) for
an individual, a fine of $12 500;
(b) for
a body corporate, a fine of $55 000.
(7) Subsection (6)
places an evidential burden on the accused to show a reasonable excuse.