164Powers of entry and seizure

#### 164 Powers of entry and seizure 164 Powers of entry and seizure > > (1) An authorised officer— > > > > > (a) may at all times, if he or she suspects on reasonable grounds that an offence against any of the provisions of this Act or the regulations has been or is being committed and that any animal, native plant, Aboriginal object or article in respect of which the suspected offence has been or is being committed or which has been or is being used in connection with the suspected offence is likely to be in or upon any premises or vehicle, on production of the prescribed evidence of his or her authority— > > > > > > > (i) stop any such vehicle, > > > > > > > (ii) enter and search any such premises or vehicle, and > > > > > > > (iii) subject to his or her giving a receipt in the prescribed form seize any such animal, native plant, Aboriginal object (not being real property) or article found therein or thereon together with any books, papers or records relating to the suspected offence and make copies of, or take extracts from, any such papers, books or records, > > > > > (b) may at all times, on production of the prescribed evidence of his or her authority, enter any premises or vehicle for the purpose of— > > > > > > > (i) inspecting any premises registered under section 124, 125 or 128, > > > > > > > (ii) inspecting any premises in which fauna are housed or caged under the authority of a licence under section 120 or 125A, > > > > > > > (iii) inspecting any lands on which protected native plants are grown under the authority of a licence under section 132, or > > > > > > > (iv) searching for and inspecting any articles that are being or could be used in contravention of this Act or the regulations, and > > > > > (b1) may, at all times, on production of the prescribed evidence of authority, enter any premises for the purposes of— > > > > > > > (i) identifying and mapping critical habitat, and > > > > > > > (ii) inspecting any lands that are the subject of an application for a licence under Part 6 of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), and > > > > > > > (iii) inspecting any lands that are the subject of proposed development or an activity (within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)) and in respect of the grant of development consent or approval to which the Minister or the Secretary has been consulted or is (or is acting as) a concurrence authority in accordance with that Act, and > > > > > > > (iv) inspecting any lands for the purpose of investigating the presence or condition of threatened species, populations or ecological communities, and their habitats, for the purposes of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) or this Act, > > > > > (c) may, for the enforcement of the provisions of this Act or the regulations, exercise the powers and authority of a constable. > > > (2) Subsection (1) does not— > > > > > (a) apply in relation to an offence of a class or description prescribed for the purposes of this subsection, > > > > > (b) authorise the seizure of a vehicle within the meaning of paragraph (a), (b), (c) or (e) of the definition of vehicle in section 5 (1) or any prescribed article, or > > > > > (c) authorise any person to enter in or upon that portion of a building that is used for residential purposes except with the permission of the occupier or under the authority of a search warrant issued under this section. > > > (3) For the purposes of subsection (1) (a) (iii), the authorised officer may direct the occupier of the premises where, or owner of the vehicle on or in which, the animal, native plant, Aboriginal object or article is seized— > > > > > (a) for a specified period (not exceeding 28 days)— > > > > > > > (i) to retain the animal, native plant, Aboriginal object or article in or on those premises, that vehicle or at another place under the control of the occupier or owner, and > > > > > > > (ii) to feed, house or maintain (as appropriate) the animal, native plant, Aboriginal object or article, and > > > > > (b) on a specified day within that period, deliver to the authorised officer the animal, native plant, Aboriginal object or article. > > > (4) The power of seizure under subsection (1) (a) may be exercised without exercising any of the other powers under subsection (1) (a). > > > (5) An authorised officer or a police officer may apply to an issuing officer for a search warrant if the authorised officer or police officer believes on reasonable grounds— > > > > > (a) that an offence against a provision of this Act or the regulations has been committed, and > > > > > (b) that there may be an animal, native plant, Aboriginal object or article in respect of which any such offence has been committed, or which has been used in connection with any such offence, on any premises or vehicle. > > > (6) An issuing officer to whom an application is made under subsection (5) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the applicant to enter and search the premises or vehicle. > > > (7) A person executing a search warrant issued under this section may exercise the power of seizure under subsection (1) (a). > > > (8) Division 4 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) applies to a search warrant issued under this section. > > > (9) In this section— > > > > issuing officer means an authorised officer within the meaning of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > > **s 164:** Am 1983 No 183, Sch 6 (13); 1985 No 38, Sch 1; 1986 No 218, Sch 28, Part 1 (8); 1989 No 84, Sch 1 (12); 1991 No 92, Sch 2; 1993 No 78, Sch 1 (11); 1995 No 101, Sch 4 \[120\] \[121\]; 1999 No 85, Sch 1.20 \[9\] \[10\]; 2001 No 130, Sch 1 \[167\]; 2002 No 103, Sch 4.56 \[1\]–\[3\]; 2002 No 112, Sch 1.16 \[9\]; 2004 No 88, Sch 3.1 \[11\]–\[13\]; 2006 No 58, Sch 2.38 \[1\]–\[3\]; 2010 No 38, Sch 1 \[91\].