52Power to seize things

52 Power to seize things (1) An authorised officer who enters premises under this part with the occupier’s consent may seize a thing in or on the premises if— (a) the authorised officer is satisfied, on reasonable grounds, that the thing is connected with an offence against this Act; 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. (2) An authorised officer who enters premises under a warrant issued under this part may seize anything in or on the premises that the authorised officer is authorised to seize under the warrant. (3) An authorised officer who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything in or on the premises if satisfied, on reasonable grounds, that— (a) the thing is connected with an offence against this Act; and

(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) Also, an authorised officer who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize any food in or on the premises if satisfied, on reasonable grounds, that the food— (a) is unsafe or unsuitable; or (b) consists partly or completely of decomposed, filthy, putrid or spoiled matter; or (c) otherwise poses an immediate risk to health or property. (5) The powers of an authorised officer under subsection (3) or (4) are additional to any powers of the authorised officer under subsection (1) or (2) or any other territory law. (6) Having seized a thing, an authorised officer 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; or (c) for food mentioned in subsection (4)—destroy or otherwise dispose of the food under section 53 (6) (Power to destroy decomposed food etc). Example—how access may be restricted The authorised officer may— (a) place the seized thing in a room or other enclosed area, compartment or cabinet at the place of seizure; and (b) fasten and seal the door or opening providing access to the room, area, compartment or cabinet; and (c) mark the door or opening in a way that indicates that access to it has been restricted under this Act.

(7) A person commits an offence if the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (6). Note An authorised officer may seize a thing in a public place under this section and this part applies to the thing seized, see s 51 (4) to (6). (8) Subsection (7) does not apply if the person has an authorised officer’s approval to interfere with the thing.