sec.158Seizing evidence at a place that may be entered only with consent or warrant

sec.158 Seizing evidence at a place that may be entered only with consent or warrant

This section applies if— an authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the authorised person enters the place after obtaining the consent or under a warrant. If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if— the authorised person 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 explained to the occupier when asking for the occupier’s consent. If the authorised person enters the place under a warrant, the authorised person may seize the evidence for which the warrant was issued. The authorised person may also seize anything else at the place if— the authorised person reasonably believes the thing is— relevant to a report being prepared by the authorised person under this Act; or relevant to an investigation being carried out by the authorised person; or evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, an offence. (sec.158-ssec.1) This section applies if— an authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the authorised person enters the place after obtaining the consent or under a warrant. (sec.158-ssec.2) If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if— the authorised person 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 explained to the occupier when asking for the occupier’s consent. (sec.158-ssec.3) If the authorised person enters the place under a warrant, the authorised person may seize the evidence for which the warrant was issued. (sec.158-ssec.4) The authorised person may also seize anything else at the place if— the authorised person reasonably believes the thing is— relevant to a report being prepared by the authorised person under this Act; or relevant to an investigation being carried out by the authorised person; or evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, an offence.

• (a) an authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and
• (b) the authorised person enters the place after obtaining the consent or under a warrant.
• (a) the authorised person 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 explained to the occupier when asking for the occupier’s consent.
• (a) the authorised person reasonably believes the thing is— (i) relevant to a report being prepared by the authorised person under this Act; or (ii) relevant to an investigation being carried out by the authorised person; or (iii) evidence of an offence against this Act; and
• (i) relevant to a report being prepared by the authorised person under this Act; or
• (ii) relevant to an investigation being carried out by the authorised person; or
• (iii) evidence of an offence against this Act; and
• (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, an offence.
• (i) hidden, lost or destroyed; or
• (ii) used to continue, or repeat, an offence.
• (i) relevant to a report being prepared by the authorised person under this Act; or
• (ii) relevant to an investigation being carried out by the authorised person; or
• (iii) evidence of an offence against this Act; and
• (i) hidden, lost or destroyed; or
• (ii) used to continue, or repeat, an offence.