sec.106ASeizing evidence at a place that may be entered only with consent or warrant

### sec.106A Seizing evidence at a place that may be entered only with consent or warrant This section applies if— an investigator is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the investigator enters the place after obtaining the consent or under a warrant. If the investigator enters the place with the occupier’s consent, the investigator may seize a thing at the place only if— the investigator reasonably believes the thing is evidence of an offence against a relevant Act; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent. If the investigator enters the place under a warrant, the investigator may seize the evidence for which the warrant was issued. The investigator may also seize anything else at the place if the investigator reasonably believes— the thing is evidence of an offence against a relevant Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed. The investigator may also seize a thing at the place if the investigator reasonably believes it has just been used in committing an offence against a relevant Act. However, nothing in this section authorises an investigator to seize a digital device used to store a licence issued under a relevant Act, if the investigator takes the device only to inspect or copy the licence. s 106A ins 2003 No. 1 s 38 amd 2014 No. 57 s 52 sub 2017 No. 29 s 22 amd 2017 No. 43 ss 294 (1) , 308 sch 1 (amdt 7 could not be given effect); 2025 No. 28 s 36 (sec.106A-ssec.1) This section applies if— an investigator is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the investigator enters the place after obtaining the consent or under a warrant. (sec.106A-ssec.2) If the investigator enters the place with the occupier’s consent, the investigator may seize a thing at the place only if— the investigator reasonably believes the thing is evidence of an offence against a relevant Act; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent. (sec.106A-ssec.3) If the investigator enters the place under a warrant, the investigator may seize the evidence for which the warrant was issued. (sec.106A-ssec.4) The investigator may also seize anything else at the place if the investigator reasonably believes— the thing is evidence of an offence against a relevant Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed. (sec.106A-ssec.5) The investigator may also seize a thing at the place if the investigator reasonably believes it has just been used in committing an offence against a relevant Act. (sec.106A-ssec.6) However, nothing in this section authorises an investigator to seize a digital device used to store a licence issued under a relevant Act, if the investigator takes the device only to inspect or copy the licence. - (a) an investigator is authorised to enter a place only with the consent of an occupier of the place or a warrant; and - (b) the investigator enters the place after obtaining the consent or under a warrant. - (a) the investigator reasonably believes the thing is evidence of an offence against a relevant Act; and - (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent. - (a) the thing is evidence of an offence against a relevant Act; and - (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.