20Powers of seizure

20 Powers of seizure

(1)  Where an employee has reasonable grounds for believing that an offence has been committed under this Act with respect to the removal from, or the bringing onto, the subject land of any article, he may seize that article and, subject to the directions of the Authority, retain it until the determination of any proceedings that may be instituted in respect of an offence against this Act against the person from whom the article was seized.

(2)  Where an article, not being the property of the Crown or of the Authority, has been seized from any person under this section and no proceedings have been instituted against that person for an offence on conviction for which it may be forfeited to the Crown, a court of petty sessions, on the application of that person, may direct it to be returned to him, and, on the making of that direction, the authority under subsection (1) to retain it ceases.

(3)  A person who, when required under subsection (1) to do so by an employee, refuses to deliver to that employee an article that the employee is entitled to seize under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units.