QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.82Power to seize evidence from places
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### sec.82 Power to seize evidence from places
An authorised officer who enters a place under this part with a warrant may seize the evidence for which the warrant was issued.
An authorised officer who enters a place under this part with the occupier’s consent may seize a thing if—
the authorised officer believes on reasonable grounds 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 in seeking the occupier’s consent.
An authorised officer may also seize another thing if the officer believes on reasonable grounds—
the thing is evidence of an offence against this Act; and
the seizure is necessary to prevent the thing being—
concealed, lost or destroyed; or
used to commit, continue or repeat the offence.
Having seized a thing, an authorised officer may—
remove the thing from the place where the thing was seized (the place of seizure ) to another place; or
leave the thing at the place of seizure but restrict access to the thing.
An authorised officer may—
seal a thing and mark it to show it has been seized; or
seal the entrance to a room where the seized thing is situated and mark it to show it contains a thing that has been seized.
If an authorised officer restricts access to a seized thing, a person must not tamper with the thing without the approval of the general manager.
Maximum penalty—350 penalty units.
s 82 amd 2006 No. 21 s 21
(sec.82-ssec.1) An authorised officer who enters a place under this part with a warrant may seize the evidence for which the warrant was issued.
(sec.82-ssec.2) An authorised officer who enters a place under this part with the occupier’s consent may seize a thing if— the authorised officer believes on reasonable grounds 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 in seeking the occupier’s consent.
(sec.82-ssec.3) An authorised officer may also seize another thing if the officer believes on reasonable grounds— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— concealed, lost or destroyed; or used to commit, continue or repeat the offence.
(sec.82-ssec.4) Having seized a thing, an authorised officer may— remove the thing from the place where the thing was seized (the place of seizure ) to another place; or leave the thing at the place of seizure but restrict access to the thing. An authorised officer may— seal a thing and mark it to show it has been seized; or seal the entrance to a room where the seized thing is situated and mark it to show it contains a thing that has been seized.
(sec.82-ssec.5) If an authorised officer restricts access to a seized thing, a person must not tamper with the thing without the approval of the general manager. Maximum penalty—350 penalty units.
- (a) the authorised officer believes on reasonable grounds 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 in seeking 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) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence.
- (i) concealed, lost or destroyed; or
- (ii) used to commit, continue or repeat the offence.
- (i) concealed, lost or destroyed; or
- (ii) used to commit, continue or repeat the offence.
- (a) remove the thing from the place where the thing was seized (the place of seizure ) to another place; or
- (b) leave the thing at the place of seizure but restrict access to the thing.
- (a) seal a thing and mark it to show it has been seized; or
- (b) seal the entrance to a room where the seized thing is situated and mark it to show it contains a thing that has been seized.