42Securing evidence

42 Securing evidence

Power to secure evidence (1) The monitoring powers include the power to secure a thing for up to 72 hours if: (a) the thing is found during the exercise of a monitoring power under section 41; and (b) an inspector reasonably believes that: (i) a provision of this Act (including an offence provision, or a civil penalty provision, of this Act) has been contravened with respect to the thing; or (ii) the thing affords evidence of the contravention of a provision referred to in subparagraph (i); or (iii) the thing is intended to be used for the purpose of contravening a provision referred to in subparagraph (i); or (iv) the thing affords evidence that information provided under, or for the purposes of, this Act is not correct; or (v) the thing affords evidence in relation to an incident referred to in paragraph 40(1)(c); and (c) the inspector reasonably believes that it is necessary: (i) to secure the thing in order to prevent it from being concealed, lost or destroyed during the period; and (ii) to secure the thing without a warrant because it is not practicable to obtain a warrant or the circumstances are serious and urgent.

Note 1: It may be necessary to secure a thing in order to prevent it from being concealed, lost or destroyed while a warrant to seize the thing is sought.

Note 2: The period for which a thing may be secured may be extended (see section 44).

(2) The thing may be secured by locking it up, placing a guard or any other means. Reporting exercise of power (3) If an inspector exercises a power under this section, the inspector must give the Director‑General a report describing: (a) the exercise of the power; and (b) the grounds for the inspector’s belief under paragraph (1)(c). (4) A report under subsection (3) must be given as soon as practicable, but no later than 28 days, after the exercise of the power.