54Power to seize evidence

54 Power to seize evidence (1) An inspector who enters premises under a warrant under this part may seize the evidence for which the warrant was issued. (2) An inspector who enters premises under this part with the consent of the occupier may seize a thing on the premises if— (a) the inspector is satisfied the thing is connected with an offence against the gas safety 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 inspector may also seize anything on premises entered under this part if the inspector is satisfied that— (a) the thing is connected with an offence against the gas safety legislation; 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) Having seized a thing, an inspector 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. (5) A person must not, without the construction occupations registrar’s approval, interfere with a thing to which access has been restricted under subsection (4). Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Part 6 Enforcement Division 6.2 Inspectors’ powers Section 55 page 44 Gas Safety Act 2000 Effective: 23/02/26 R23 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au