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Mineral Titles Act 2010
179Search and seizure powers
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179 Search and seizure powers
(1) This section applies if an authorised officer believes on reasonable
grounds that an offence against this Act has been, is being, or is
likely to be, committed.
(2) The authorised officer may, without a warrant, exercise any of the
following powers for the detection or prevention of the offence:
(a) enter and search a place, except residential premises;
(b) stop, enter and search a vehicle, vessel or aircraft;
(c) stop, detain and search a person in connection with the
exercise of a power under paragraph (a) or (b);
(d) require the person to give the officer a specified thing or
specified information;
(e) require a person to cease doing something;
(f) search a thing in connection with the exercise of a power
under paragraph (a), (b), (c) or (d);
(g) inspect, take samples of or seize any thing found in a search
under this subsection;
(h) operate electronic equipment found as a result of the search in
order to retrieve or record information;
(i) inspect and retrieve a thing or information for paragraph (h);
(j) make a record about an exercise of power under this
subsection.
(3) A person may be searched under subsection (2)(c) only by an
authorised officer of the same gender as the person.
(4) A requirement made orally under subsection (2)(d) must be
confirmed in writing as soon as practicable after the requirement is
given.
(5) As soon as practicable after an authorised officer seizes a thing
under subsection (2)(g), the officer must:
(a) give the Minister a written report about the seizure; and
Mineral Titles Act 2010 92
(b) deliver the thing to the Minister or a person authorised by the
Minister to accept delivery of it.
(6) A person commits an offence if the person fails to comply with a
requirement given to the person under subsection (2).
(7) An offence against subsection (6) is an offence of strict liability.
(8) It is a defence to a prosecution for an offence against
subsection (6) if the defendant establishes a reasonable excuse.