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Health Practitioner Regulation National Law Act 2009
sch-sec.11-oc.5Seizure of evidence
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### sch-sec.11-oc.5 Seizure of evidence
An inspector who enters a public place when the place is open to the public may seize a thing at the place if the inspector reasonably believes the thing is evidence that is relevant to the investigation being conducted by the inspector.
If an inspector enters a place with the occupier’s consent, the inspector may seize a thing at the place if—
the inspector reasonably believes the thing is evidence that is relevant to the investigation being conducted by the inspector; and
seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent.
If an inspector enters a place with a warrant, the inspector may seize the evidence for which the warrant was issued.
For the purposes of subclauses (2) and (3), the inspector may also seize anything else at the place if the inspector reasonably believes—
the thing is evidence that is relevant to the investigation; and
the seizure is necessary to prevent the thing being hidden, lost or destroyed.
(sch-sec.11-oc.5-ssec.1) An inspector who enters a public place when the place is open to the public may seize a thing at the place if the inspector reasonably believes the thing is evidence that is relevant to the investigation being conducted by the inspector.
(sch-sec.11-oc.5-ssec.2) If an inspector enters a place with the occupier’s consent, the inspector may seize a thing at the place if— the inspector reasonably believes the thing is evidence that is relevant to the investigation being conducted by the inspector; and seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent.
(sch-sec.11-oc.5-ssec.3) If an inspector enters a place with a warrant, the inspector may seize the evidence for which the warrant was issued.
(sch-sec.11-oc.5-ssec.4) For the purposes of subclauses (2) and (3), the inspector may also seize anything else at the place if the inspector reasonably believes— the thing is evidence that is relevant to the investigation; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.
- (a) the inspector reasonably believes the thing is evidence that is relevant to the investigation being conducted by the inspector; and
- (b) seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent.
- (a) the thing is evidence that is relevant to the investigation; and
- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.