ACTIn ForceAct
Building Act 2004
134BBuilding inspectors—power to seize things
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134B Building inspectors—power to seize things
(1) A building inspector who enters premises under this part with the
occupier’s consent may seize anything at the premises if—
(a) the inspector is satisfied on reasonable grounds that the thing is
connected with an offence against this Act; and
(b) seizure of the thing is consistent with the purpose of the entry
told to the occupier when seeking the occupier’s consent.
(2) A building inspector who enters premises under a warrant under this
part may seize anything at the premises that the inspector is
authorised to seize under the warrant.
(3) A building inspector who enters premises under this part (whether
with the occupier’s consent, under a warrant or otherwise) may seize
anything at the premises if satisfied on reasonable grounds that—
(a) the thing is connected with an offence against this Act; and
(b) the seizure is necessary to prevent the thing from being—
(i) concealed, lost or destroyed; or
(ii) used to commit, continue or repeat the offence.
(4) Also, a building inspector who enters premises under this part
(whether with the occupier’s consent or otherwise) may seize
anything at the premises if satisfied on reasonable grounds that the
thing—
(a) puts the health or safety of people at risk; or
(b) may cause damage to property or the environment.
(5) The powers of a building inspector under subsections (3) and (4) are
additional to any powers of the inspector under subsection (1) or any
other territory law.
(6) Having seized a thing, a building inspector may—
(a) remove the thing from the premises where it was seized (the
place of seizure) to another place; or
(b) leave the thing at the place of seizure but restrict access to it.
(7) A person commits an offence if—
(a) the person interferes with a seized thing, or anything containing
a seized thing, to which access has been restricted under
subsection (6); and
(b) the person does not have a building inspector’s approval to
interfere with the thing.
(8) An offence against this section is a strict liability offence.