sec.198Seizing evidence at a place that may be entered only with consent or a warrant

sec.198 Seizing evidence at a place that may be entered only with consent or a warrant

An authorised person who enters a place with the occupier’s consent may seize a thing at the place 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. An authorised person who enters a place with a warrant may seize the evidence for which the warrant was issued. The authorised person may also seize anything else at the place if the 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, destroyed, or used to continue or repeat the offence. Also, the authorised person may seize a thing at the place if the person reasonably believes that it has just been used in committing an offence against this Act. In addition, the authorised person may seize a thing at the place if the authorised person reasonably believes the thing is compromised goods. To remove any doubt, it is declared that subsection (5) applies to an authorised person who enters a place with a warrant even if the warrant does not state under section 184 (5) (c) that the thing that is compromised goods may be seized under the warrant. s 198 amd 2001 No. 20 s 39 ; 2025 No. 27 s 18 (sec.198-ssec.1) An authorised person who enters a place with the occupier’s consent may seize a thing at the place 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.198-ssec.2) An authorised person who enters a place with a warrant may seize the evidence for which the warrant was issued. (sec.198-ssec.3) The authorised person may also seize anything else at the place if the 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, destroyed, or used to continue or repeat the offence. (sec.198-ssec.4) Also, the authorised person may seize a thing at the place if the person reasonably believes that it has just been used in committing an offence against this Act. (sec.198-ssec.5) In addition, the authorised person may seize a thing at the place if the authorised person reasonably believes the thing is compromised goods. (sec.198-ssec.6) To remove any doubt, it is declared that subsection (5) applies to an authorised person who enters a place with a warrant even if the warrant does not state under section 184 (5) (c) that the thing that is compromised goods may be seized under the warrant.

• (a) the authorised person reasonably believes the thing is evidence of an offence against this Act; and