78JSeizure

78J Seizure (1) In carrying out a search under section 78I, a specified officer may seize any thing found in the possession or under the control of the prisoner on parole that the specified officer reasonably suspects— (a) will compromise— (i) the welfare or safety of a member of the public; or (ii) the compliance of the prisoner on parole with the parole order; or (b) relates to behaviour or conduct associated with an increased risk of the prisoner on parole re-offending or breaching the conditions of the parole order. (2) A specified officer may examine any thing, or operate any electronic equipment, seized under subsection (1) for the purpose of investigating— (a) whether the prisoner on parole has complied with the parole order; or (b) whether the prisoner on parole has re-offended or breached the conditions of the parole order. (3) Without limiting subsection (1), a specified officer may seize or take a sample of any thing belonging to, or found in the possession or under the control of, the prisoner on parole if the specified officer suspects on reasonable grounds that— (a) the thing will afford evidence of the commission of an indictable offence (whether or not that offence is a breach of the parole order); and (b) it is necessary to seize or take a sample of that thing in order to prevent its concealment, loss or destruction or its use in the commission of an indictable offence (whether or not that offence is a breach of the parole order). (4) If necessary, a specified officer may use reasonable force to carry out a seizure under this section. (5) The Commissioner must deal with any thing (other than a drug of dependence) seized under this Division in accordance with the regulations. S. 78K inserted by No. 57/2016 s. 8.