Biodiscovery Act 2004
sec.78Seizing evidence at place that may only be entered with consent or warrant
Start here
Get a plain-English read of sec.78
Turn the raw legal text into a practical explanation grounded in Biodiscovery Act 2004.
sec.78 Seizing evidence at place that may only be entered with consent or warrant
This section applies if— an inspector is authorised to enter a place under this division only with the consent of the occupier of the place or a warrant; and the inspector enters the place after obtaining the necessary consent or warrant. If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if— the inspector reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent. If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued. The inspector also may seize anything else at the place if the inspector reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed. (sec.78-ssec.1) This section applies if— an inspector is authorised to enter a place under this division only with the consent of the occupier of the place or a warrant; and the inspector enters the place after obtaining the necessary consent or warrant. (sec.78-ssec.2) If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if— the inspector reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent. (sec.78-ssec.3) If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued. (sec.78-ssec.4) The inspector also may seize anything else at the place if the inspector reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.
- (a) an inspector is authorised to enter a place under this division only with the consent of the occupier of the place or a warrant; and
- (b) the inspector enters the place after obtaining the necessary consent or warrant.
- (a) the inspector 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.
- (a) the thing is evidence of an offence against this Act; and
- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.