QLDIn ForceAct
Radiation Safety Act 1999
sec.126Seizing evidence at a place that may only be entered with consent or warrant
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### sec.126 Seizing evidence at a place that may only be entered with consent or warrant
This section applies if—
an inspector is authorised to enter a place under this division only with the consent of the occupier or a warrant; and
the inspector enters the place after obtaining the necessary consent or warrant.
If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if—
the inspector 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.
However, if an inspector has entered a place, without a warrant, where persons are irradiated during a diagnostic or therapeutic procedure, the inspector may not seize health records at the place.
If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.
The inspector also may seize anything else at the place if the inspector 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 inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.
(sec.126-ssec.1) This section applies if— an inspector is authorised to enter a place under this division only with the consent of the occupier or a warrant; and the inspector enters the place after obtaining the necessary consent or warrant.
(sec.126-ssec.2) If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if— the inspector 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.126-ssec.3) However, if an inspector has entered a place, without a warrant, where persons are irradiated during a diagnostic or therapeutic procedure, the inspector may not seize health records at the place.
(sec.126-ssec.4) If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.
(sec.126-ssec.5) The inspector also may seize anything else at the place if the inspector 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.126-ssec.6) Also, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.
- (a) an inspector is authorised to enter a place under this division only with the consent of the occupier or a warrant; and
- (b) the inspector enters the place after obtaining the necessary consent or warrant.
- (a) the inspector 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.