QLDIn ForceAct
Environmental Protection Act 1994
sec.461Power to seize evidence
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### sec.461 Power to seize evidence
An authorised person who enters a place under this chapter with a warrant may seize the evidence for which the warrant was issued.
An authorised person who enters a place under this chapter with the occupier’s consent may seize the particular thing for which the entry was made if the authorised person believes on reasonable grounds that the thing is evidence of an offence against this Act.
An authorised person who enters a place under this chapter with a warrant or with the occupier’s consent may also seize another thing if the authorised person believes on reasonable grounds—
the thing is evidence of an offence against this Act; and
the seizure is necessary to prevent the thing being—
concealed, lost or destroyed; or
used to commit, continue or repeat the offence.
An authorised person who enters a place under this chapter other than with a warrant or with the occupier’s consent, or who enters or boards a vehicle, may seize a thing if the authorised person believes on reasonable grounds—
the thing is evidence of an offence against this Act; and
the seizure is necessary to prevent the thing being—
concealed, lost or destroyed; or
used to commit, continue or repeat the offence.
(sec.461-ssec.1) An authorised person who enters a place under this chapter with a warrant may seize the evidence for which the warrant was issued.
(sec.461-ssec.2) An authorised person who enters a place under this chapter with the occupier’s consent may seize the particular thing for which the entry was made if the authorised person believes on reasonable grounds that the thing is evidence of an offence against this Act.
(sec.461-ssec.3) An authorised person who enters a place under this chapter with a warrant or with the occupier’s consent may also seize another thing if the authorised person believes on reasonable grounds— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— concealed, lost or destroyed; or used to commit, continue or repeat the offence.
(sec.461-ssec.4) An authorised person who enters a place under this chapter other than with a warrant or with the occupier’s consent, or who enters or boards a vehicle, may seize a thing if the authorised person believes on reasonable grounds— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— concealed, lost or destroyed; or used to commit, continue or repeat the offence.
- (a) the thing is evidence of an offence against this Act; and
- (b) the seizure is necessary to prevent the thing being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence.
- (i) concealed, lost or destroyed; or
- (ii) used to commit, continue or repeat the offence.
- (i) concealed, lost or destroyed; or
- (ii) used to commit, continue or repeat the offence.
- (a) the thing is evidence of an offence against this Act; and
- (b) the seizure is necessary to prevent the thing being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence.
- (i) concealed, lost or destroyed; or
- (ii) used to commit, continue or repeat the offence.
- (i) concealed, lost or destroyed; or
- (ii) used to commit, continue or repeat the offence.