45Power to seize evidence

45 Power to seize evidence (1) An investigator who enters premises under a warrant under this division may seize the things for which the warrant was issued. (2) An investigator who enters premises under this division with the occupier’s consent may seize a thing on the premises if— (a) the investigator is satisfied on reasonable grounds that the thing is connected with an offence against the fair trading legislation; and (b) seizure of the thing is consistent with the purpose of the entry as told to the occupier when seeking the occupier’s consent. (3) An investigator may also seize anything on premises entered under this division if the investigator is satisfied on reasonable grounds that— (a) the thing is connected with an offence against the fair trading (b) the seizure is necessary to prevent the thing from being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence. (4) In addition, an investigator may seize goods on premises entered under this division if— (a) the investigator is satisfied on reasonable grounds that the goods have been supplied in contravention of the fair trading (b) seizure of the goods is necessary to decide whether the contravention has happened, or to be used as evidence in proceedings under the fair trading legislation about the contravention. (5) Having seized a thing, an investigator may— (a) remove the thing from the premises where it was seized (the place of seizure) to another place; or (b) leave the thing at the place of seizure but restrict access to it. (6) A person must not, without the commissioner’s approval, interfere with a thing to which access has been restricted under subsection (5). Maximum penalty (subsection (6)): 50 penalty units, imprisonment for 6 months or both.