QLDIn ForceAct
Legal Profession Act 2007
sec.554Seizing evidence at place entered under s 545
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### sec.554 Seizing evidence at place entered under s 545
An investigator, who enters a place with the consent of the occupier as mentioned in section 545 (1) (a) , may seize a thing at the place if—
the investigator believes the thing is evidence that is relevant to the investigation being conducted by the investigator; and
seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
An investigator may seize a thing at a place if—
the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator; and
the place is—
a public place and the investigator entered the public place as mentioned in section 545 (1) (b) ; or
a place of business and the investigator entered the place as mentioned in section 545 (1) (d) , (e) , or (f) .
An investigator, who enters a place under a warrant as mentioned in section 545 (1) (c) , may seize the evidence for which the warrant was issued.
Without limiting subsection (1) , (2) or (3) , the investigator may also seize anything else at the place if the investigator believes—
the thing is evidence of unsatisfactory professional conduct or professional misconduct of an Australian lawyer, misconduct of a law practice employee or an offence against a relevant law; and
the seizure is necessary to prevent the thing being hidden, lost or destroyed.
(sec.554-ssec.1) An investigator, who enters a place with the consent of the occupier as mentioned in section 545 (1) (a) , may seize a thing at the place if— the investigator believes the thing is evidence that is relevant to the investigation being conducted by the investigator; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
(sec.554-ssec.2) An investigator may seize a thing at a place if— the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator; and the place is— a public place and the investigator entered the public place as mentioned in section 545 (1) (b) ; or a place of business and the investigator entered the place as mentioned in section 545 (1) (d) , (e) , or (f) .
(sec.554-ssec.3) An investigator, who enters a place under a warrant as mentioned in section 545 (1) (c) , may seize the evidence for which the warrant was issued.
(sec.554-ssec.4) Without limiting subsection (1) , (2) or (3) , the investigator may also seize anything else at the place if the investigator believes— the thing is evidence of unsatisfactory professional conduct or professional misconduct of an Australian lawyer, misconduct of a law practice employee or an offence against a relevant law; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.
- (a) the investigator believes the thing is evidence that is relevant to the investigation being conducted by the investigator; and
- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
- (a) the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator; and
- (b) the place is— (i) a public place and the investigator entered the public place as mentioned in section 545 (1) (b) ; or (ii) a place of business and the investigator entered the place as mentioned in section 545 (1) (d) , (e) , or (f) .
- (i) a public place and the investigator entered the public place as mentioned in section 545 (1) (b) ; or
- (ii) a place of business and the investigator entered the place as mentioned in section 545 (1) (d) , (e) , or (f) .
- (i) a public place and the investigator entered the public place as mentioned in section 545 (1) (b) ; or
- (ii) a place of business and the investigator entered the place as mentioned in section 545 (1) (d) , (e) , or (f) .
- (a) the thing is evidence of unsatisfactory professional conduct or professional misconduct of an Australian lawyer, misconduct of a law practice employee or an offence against a relevant law; and
- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.