sec.141GPowers supporting seizure

### sec.141G Powers supporting seizure Having seized a thing, whether or not electrical equipment, an inspector may— move the thing from the place where it was seized (the place of seizure ); or leave the thing at the place of seizure but take reasonable action to restrict access to it and, if the thing is electrical equipment, to disconnect it from its supply of electricity to the extent considered appropriate; or sealing a main switch and marking it to restrict its operation disconnecting a faulty power circuit from supply sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted if the thing is electrical equipment—dismantle it or cause it to be dismantled. An inspector may direct an electricity entity to give the inspector the help the inspector reasonably requires to disconnect electrical equipment under subsection (1) (b) . An electricity entity must comply with a direction under subsection (2) . If an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspector’s approval. Maximum penalty—100 penalty units. If an inspector disconnects seized electrical equipment from its supply of electricity, a person must not reconnect, or attempt to reconnect, the electrical equipment to a source of supply without an inspector’s approval. Maximum penalty—100 penalty units. To enable a thing to be seized, an inspector may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time. The requirement— must be made by notice in the approved form; or if it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable. A further requirement may be made under this section in relation to the same thing if it is necessary and reasonable to make the further requirement. A person of whom a requirement is made under subsection (6) or (8) must comply with the requirement unless the person has a reasonable excuse for not complying. Maximum penalty—100 penalty units. Subject to the provisions of this part providing for compensation, the cost of complying with subsection (6) or (8) must be borne by the person. For this section, a person is in control of a thing, other than electrical equipment, if the person has, or reasonably appears to an inspector to have, authority to exercise control over the thing. Subsection (9) places an evidential burden on the defendant to show a reasonable excuse. s 141G ins 2011 No. 18 s 379 (sec.141G-ssec.1) Having seized a thing, whether or not electrical equipment, an inspector may— move the thing from the place where it was seized (the place of seizure ); or leave the thing at the place of seizure but take reasonable action to restrict access to it and, if the thing is electrical equipment, to disconnect it from its supply of electricity to the extent considered appropriate; or sealing a main switch and marking it to restrict its operation disconnecting a faulty power circuit from supply sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted if the thing is electrical equipment—dismantle it or cause it to be dismantled. (sec.141G-ssec.2) An inspector may direct an electricity entity to give the inspector the help the inspector reasonably requires to disconnect electrical equipment under subsection (1) (b) . (sec.141G-ssec.3) An electricity entity must comply with a direction under subsection (2) . (sec.141G-ssec.4) If an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspector’s approval. Maximum penalty—100 penalty units. (sec.141G-ssec.5) If an inspector disconnects seized electrical equipment from its supply of electricity, a person must not reconnect, or attempt to reconnect, the electrical equipment to a source of supply without an inspector’s approval. Maximum penalty—100 penalty units. (sec.141G-ssec.6) To enable a thing to be seized, an inspector may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time. (sec.141G-ssec.7) The requirement— must be made by notice in the approved form; or if it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable. (sec.141G-ssec.8) A further requirement may be made under this section in relation to the same thing if it is necessary and reasonable to make the further requirement. (sec.141G-ssec.9) A person of whom a requirement is made under subsection (6) or (8) must comply with the requirement unless the person has a reasonable excuse for not complying. Maximum penalty—100 penalty units. (sec.141G-ssec.10) Subject to the provisions of this part providing for compensation, the cost of complying with subsection (6) or (8) must be borne by the person. (sec.141G-ssec.11) For this section, a person is in control of a thing, other than electrical equipment, if the person has, or reasonably appears to an inspector to have, authority to exercise control over the thing. (sec.141G-ssec.12) Subsection (9) places an evidential burden on the defendant to show a reasonable excuse. - (a) move the thing from the place where it was seized (the place of seizure ); or - (b) leave the thing at the place of seizure but take reasonable action to restrict access to it and, if the thing is electrical equipment, to disconnect it from its supply of electricity to the extent considered appropriate; or Examples of restricting access to a thing— • sealing a main switch and marking it to restrict its operation • disconnecting a faulty power circuit from supply • sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted - • sealing a main switch and marking it to restrict its operation - • disconnecting a faulty power circuit from supply - • sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted - (c) if the thing is electrical equipment—dismantle it or cause it to be dismantled. - • sealing a main switch and marking it to restrict its operation - • disconnecting a faulty power circuit from supply - • sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted - (a) to take it to a stated reasonable place by a stated reasonable time; and - (b) if necessary, to remain in control of it at the stated place for a reasonable time. - (a) must be made by notice in the approved form; or - (b) if it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.