99Power to seize evidence

99 Power to seize evidence (1) An inspector who enters a place of inspection with a warrant under this division may seize the evidence for which the warrant was issued. (2) An inspector who enters a place of inspection under this division with the occupier’s consent may seize a thing at the place of inspection if— (a) the inspector is satisfied on reasonable grounds that the thing is connected with an offence against this Act or a related law; and (b) seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent. (3) An inspector may seize anything at the place of inspection if the inspector is satisfied on reasonable grounds that— (a) the thing is connected with an offence against this Act or a related law; and (b) the seizure is necessary to prevent the thing being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence. (4) Also, an inspector who enters a place of inspection under this division (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the place of inspection if satisfied on reasonable grounds that the thing poses a risk to— (a) the health or safety of a person; or (b) public or private property; or (c) the environment. (5) The powers of an inspector under subsection (3) and subsection (4) are additional to any powers of the inspector under subsection (1) or subsection (2) or any other territory law.

(6) Having seized a thing, an inspector may— (a) move the thing from the place of inspection 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. (7) A person commits an offence if the person— (a) interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (6); and (b) does not have an inspector’s approval to interfere with the thing. Note Div 9.6 (Dealing with things seized) applies to a thing seized under this