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Planning Act 2016
sec.208Securing seized thing
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### sec.208 Securing seized thing
After seizing a thing under this division, an inspector may—
move the thing from the place (the place of seizure ) where the thing was seized; or
leave the thing at the place of seizure and take reasonable action to restrict access to the thing.
For subsection (1) (b) , the inspector may, for example—
seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or
for equipment—make the thing inoperable; or
dismantling the equipment or removing a component without which the equipment can not be used
require a person who the inspector reasonably believes is in control of the place or thing to do—
an act stated in paragraph (a) or (b) ; or
anything else an inspector could do under subsection (1) (a) .
The person must comply with a requirement made of the person under subsection (2) (c) , unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
If an inspector restricts access to a seized thing, a person must not tamper with the thing, or with anything used to restrict access to the thing, without—
an inspector’s approval; or
a reasonable excuse.
Maximum penalty—100 penalty units.
If an inspector restricts access to a place, a person must not enter the place in contravention of the restriction, or tamper with anything used to restrict access to the place, without—
an inspector’s approval; or
a reasonable excuse.
Maximum penalty—100 penalty units.
(sec.208-ssec.1) After seizing a thing under this division, an inspector may— move the thing from the place (the place of seizure ) where the thing was seized; or leave the thing at the place of seizure and take reasonable action to restrict access to the thing.
(sec.208-ssec.2) For subsection (1) (b) , the inspector may, for example— seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or for equipment—make the thing inoperable; or dismantling the equipment or removing a component without which the equipment can not be used require a person who the inspector reasonably believes is in control of the place or thing to do— an act stated in paragraph (a) or (b) ; or anything else an inspector could do under subsection (1) (a) .
(sec.208-ssec.3) The person must comply with a requirement made of the person under subsection (2) (c) , unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.208-ssec.4) If an inspector restricts access to a seized thing, a person must not tamper with the thing, or with anything used to restrict access to the thing, without— an inspector’s approval; or a reasonable excuse. Maximum penalty—100 penalty units.
(sec.208-ssec.5) If an inspector restricts access to a place, a person must not enter the place in contravention of the restriction, or tamper with anything used to restrict access to the place, without— an inspector’s approval; or a reasonable excuse. Maximum penalty—100 penalty units.
- (a) move the thing from the place (the place of seizure ) where the thing was seized; or
- (b) leave the thing at the place of seizure and take reasonable action to restrict access to the thing.
- (a) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or
- (b) for equipment—make the thing inoperable; or Examples of making equipment inoperable— dismantling the equipment or removing a component without which the equipment can not be used
- (c) require a person who the inspector reasonably believes is in control of the place or thing to do— (i) an act stated in paragraph (a) or (b) ; or (ii) anything else an inspector could do under subsection (1) (a) .
- (i) an act stated in paragraph (a) or (b) ; or
- (ii) anything else an inspector could do under subsection (1) (a) .
- (i) an act stated in paragraph (a) or (b) ; or
- (ii) anything else an inspector could do under subsection (1) (a) .
- (a) an inspector’s approval; or
- (b) a reasonable excuse.
- (a) an inspector’s approval; or
- (b) a reasonable excuse.