QLDIn ForceAct
Fossicking Act 1994
sec.87Power to seize evidence
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### sec.87 Power to seize evidence
An authorised officer who enters a place under this part under a warrant may seize the evidence for which the warrant was issued.
An authorised officer who enters a place under this part with the occupier’s consent may seize the particular thing for which the entry was made if the officer believes on reasonable grounds that the thing is evidence of an offence against this Act.
An authorised officer who enters a place under this part under a warrant, or with the occupier’s consent, may also seize anything else if the officer believes on reasonable grounds—
the thing is evidence of the commission of an offence against this Act; and
the seizure is necessary to prevent—
the concealment, loss or destruction of the thing; or
the use of the thing in committing, continuing or repeating the offence.
An authorised officer who enters a place under this part other than under a warrant or with the occupier’s consent, may seize a thing if the officer believes on reasonable grounds—
the thing is evidence of the commission of an offence against this Act; and
the seizure is necessary to prevent—
the concealment, loss or destruction of the thing; or
the use of the thing in committing, continuing or repeating the offence.
(sec.87-ssec.1) An authorised officer who enters a place under this part under a warrant may seize the evidence for which the warrant was issued.
(sec.87-ssec.2) An authorised officer who enters a place under this part with the occupier’s consent may seize the particular thing for which the entry was made if the officer believes on reasonable grounds that the thing is evidence of an offence against this Act.
(sec.87-ssec.3) An authorised officer who enters a place under this part under a warrant, or with the occupier’s consent, may also seize anything else if the officer believes on reasonable grounds— the thing is evidence of the commission of an offence against this Act; and the seizure is necessary to prevent— the concealment, loss or destruction of the thing; or the use of the thing in committing, continuing or repeating the offence.
(sec.87-ssec.4) An authorised officer who enters a place under this part other than under a warrant or with the occupier’s consent, may seize a thing if the officer believes on reasonable grounds— the thing is evidence of the commission of an offence against this Act; and the seizure is necessary to prevent— the concealment, loss or destruction of the thing; or the use of the thing in committing, continuing or repeating the offence.
- (a) the thing is evidence of the commission of an offence against this Act; and
- (b) the seizure is necessary to prevent— (i) the concealment, loss or destruction of the thing; or (ii) the use of the thing in committing, continuing or repeating the offence.
- (i) the concealment, loss or destruction of the thing; or
- (ii) the use of the thing in committing, continuing or repeating the offence.
- (i) the concealment, loss or destruction of the thing; or
- (ii) the use of the thing in committing, continuing or repeating the offence.
- (a) the thing is evidence of the commission of an offence against this Act; and
- (b) the seizure is necessary to prevent— (i) the concealment, loss or destruction of the thing; or (ii) the use of the thing in committing, continuing or repeating the offence.
- (i) the concealment, loss or destruction of the thing; or
- (ii) the use of the thing in committing, continuing or repeating the offence.
- (i) the concealment, loss or destruction of the thing; or
- (ii) the use of the thing in committing, continuing or repeating the offence.