83AFurther seizure powers

83A Further seizure powers

(1) A search warrant under section 83 authorises an authorised officer executing the search warrant—

(a) to seize or take a sample of any thing of the kind described in the warrant; and

(b) to seize or take a sample of any thing which is not of the kind described in the warrant if—

(i) the authorised officer believes, on reasonable grounds, that the thing—

(A) is of a kind which could have been included in a search warrant issued under this Part; or

S. 83A(1)
(b)(i)(B) amended by No. 48/2010 s. 12(1).

(B) will afford evidence about the commission of an offence against this Act or the regulations or a related Act or the regulations made under that Act for the purposes of which the officer is appointed; and

S. 83A(1)(b)(ii) amended by No. 48/2010 s. 12(1).

(ii) in the case of seizure, the authorised officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the commission of an offence against this Act or the regulations or a related Act or the regulations made under that Act for the purposes of which the officer is appointed.

S. 83A(2) inserted by No. 48/2010 s. 12(2).

(2) In this section related Act means the Fisheries Act 1995, the Flora and Fauna Guarantee Act 1988 or the Wildlife Act 1975.

S. 83B inserted by No. 61/2003 s. 29.