284ESecuring evidential material

284E Securing evidential material

(1) If: (a) an authorised person (within the meaning of Part 3 of the Regulatory Powers Act as it applies in relation to a provision mentioned in subsection 284B(1) of this Act) enters premises under that Part as it applies in relation to such a provision; and (b) the occupier of the premises has consented to the authorised person entering the premises; and (c) a thing is found during the exercise of the investigation powers on the premises; and (d) the authorised person believes on reasonable grounds that the thing is evidential material (within the meaning of Part 3 of the Regulatory Powers Act as it applies in relation to a provision mentioned in subsection 284B(1) of this Act); the thing may be secured, for a period not exceeding 24 hours, by locking it up, placing a guard or any other means. Extensions (2) The authorised person may apply to an issuing officer (within the meaning of Part 3 of the Regulatory Powers Act as it applies in relation to a provision mentioned in subsection 284B(1) of this Act) for an extension of the 24‑hour period if the authorised person believes on reasonable grounds that the thing needs to be secured for longer than that period. (3) Before making the application, the authorised person must give notice to the occupier of the premises, or another person who apparently represents the occupier, of the authorised person’s intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application. (4) The 24‑hour period may be extended more than once.

Note: For the process by which an issuing officer may extend the period, see section 74 of the Regulatory Powers Act.

(5) Section 74 of the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection 284B(1) of this Act, has effect as if a reference in that section to an application under subsection 51(5) of that Act included a reference to an application under subsection (2) of this section.