QLDIn ForceAct
Queensland Heritage Act 1992
sec.142Seizing evidence at a place that may only be entered with consent or warrant
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### sec.142 Seizing evidence at a place that may only be entered with consent or warrant
Subsections (2) to (5) apply if—
an authorised person appointed by the chief executive is authorised to enter a place under this division only with the consent of an occupier of the place or a warrant; and
the authorised person enters the place after obtaining the necessary consent or under a warrant.
If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if—
the authorised person reasonably believes the thing is evidence of an offence against this Act; and
seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
If the authorised person enters the place with a warrant, the authorised person may seize the evidence for which the warrant was issued.
The authorised person also may seize anything else at the place if the authorised person reasonably believes—
the thing is evidence of an offence against this Act; and
the seizure is necessary to prevent the thing being—
hidden, lost or destroyed; or
used to continue, or repeat, the offence.
Also, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.
If an authorised person appointed by the chief executive officer of a local government is authorised to enter a place under this division with a warrant, the authorised person may seize the evidence for which the warrant was issued.
s 142 ins 2007 No. 50 s 35
amd 2011 No. 6 s 120 ; 2016 No. 61 s 19
(sec.142-ssec.1) Subsections (2) to (5) apply if— an authorised person appointed by the chief executive is authorised to enter a place under this division only with the consent of an occupier of the place or a warrant; and the authorised person enters the place after obtaining the necessary consent or under a warrant.
(sec.142-ssec.2) If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if— the authorised person reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
(sec.142-ssec.3) If the authorised person enters the place with a warrant, the authorised person may seize the evidence for which the warrant was issued.
(sec.142-ssec.4) The authorised person also may seize anything else at the place if the authorised person reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.
(sec.142-ssec.5) Also, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.
(sec.142-ssec.6) If an authorised person appointed by the chief executive officer of a local government is authorised to enter a place under this division with a warrant, the authorised person may seize the evidence for which the warrant was issued.
- (a) an authorised person appointed by the chief executive is authorised to enter a place under this division only with the consent of an occupier of the place or a warrant; and
- (b) the authorised person enters the place after obtaining the necessary consent or under a warrant.
- (a) the authorised person reasonably believes the thing is evidence of an offence against this Act; and
- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
- (a) the thing is evidence of an offence against this Act; and
- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.
- (i) hidden, lost or destroyed; or
- (ii) used to continue, or repeat, the offence.
- (i) hidden, lost or destroyed; or
- (ii) used to continue, or repeat, the offence.