sec.77Securing seized things

### sec.77 Securing seized things Having seized a thing, an inspector may— move the thing from the place where it was seized (the place of seizure ); or leave the thing at the place of seizure but— take reasonable action to restrict access, or prevent or mitigate damage, to it; or marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted direct the person the inspector reasonably believes is in control of the thing to take reasonable action to restrict access, or prevent or mitigate damage, to it; or for equipment—make it inoperable, or direct the person the inspector reasonably believes is in control of the thing to make it inoperable. dismantling equipment or removing a component of equipment without which the equipment is not capable of being used However, if the thing is on a vessel and is necessary for the vessel’s safe operation, the inspector may move or restrict access to the thing under subsection (1) for no longer than is reasonably necessary for obtaining evidence of the offence for which the thing was seized. A person to whom a direction is given under subsection (1) (b) (ii) or (c) must comply with the direction. Maximum penalty—50 penalty units. (sec.77-ssec.1) Having seized a thing, an inspector may— move the thing from the place where it was seized (the place of seizure ); or leave the thing at the place of seizure but— take reasonable action to restrict access, or prevent or mitigate damage, to it; or marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted direct the person the inspector reasonably believes is in control of the thing to take reasonable action to restrict access, or prevent or mitigate damage, to it; or for equipment—make it inoperable, or direct the person the inspector reasonably believes is in control of the thing to make it inoperable. dismantling equipment or removing a component of equipment without which the equipment is not capable of being used (sec.77-ssec.2) However, if the thing is on a vessel and is necessary for the vessel’s safe operation, the inspector may move or restrict access to the thing under subsection (1) for no longer than is reasonably necessary for obtaining evidence of the offence for which the thing was seized. (sec.77-ssec.3) A person to whom a direction is given under subsection (1) (b) (ii) or (c) must comply with the direction. Maximum penalty—50 penalty units. - (a) move the thing from the place where it was seized (the place of seizure ); or - (b) leave the thing at the place of seizure but— (i) take reasonable action to restrict access, or prevent or mitigate damage, to it; or Examples of restricting access— 1 marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted 2 sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted (ii) direct the person the inspector reasonably believes is in control of the thing to take reasonable action to restrict access, or prevent or mitigate damage, to it; or - (i) take reasonable action to restrict access, or prevent or mitigate damage, to it; or Examples of restricting access— 1 marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted 2 sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted - 1 marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted - 2 sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted - (ii) direct the person the inspector reasonably believes is in control of the thing to take reasonable action to restrict access, or prevent or mitigate damage, to it; or - (c) for equipment—make it inoperable, or direct the person the inspector reasonably believes is in control of the thing to make it inoperable. Example of making equipment inoperable— dismantling equipment or removing a component of equipment without which the equipment is not capable of being used - (i) take reasonable action to restrict access, or prevent or mitigate damage, to it; or Examples of restricting access— 1 marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted 2 sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted - 1 marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted - 2 sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted - (ii) direct the person the inspector reasonably believes is in control of the thing to take reasonable action to restrict access, or prevent or mitigate damage, to it; or - 1 marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted - 2 sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted