91Power to seize evidence

91 Power to seize evidence (1) A technical inspector who enters premises with a warrant under this division may seize the evidence for which the warrant was issued. (2) A technical inspector who enters premises under this division with the occupier’s consent may seize a thing on the premises if— (a) the inspector is satisfied on reasonable grounds that the thing is connected with an offence against this Act or a related law; and (b) seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent. (3) A technical inspector may seize anything on the premises if the inspector is satisfied on reasonable grounds that— (a) the thing is connected with an offence against this Act or a related law; 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. (4) Also, a technical inspector who enters premises under this division (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the premises if satisfied on reasonable grounds that the thing poses a risk to— (a) the health or safety of people; or

(b) public or private property; or (c) the environment. (5) The powers of a technical inspector under subsection (3) and subsection (4) are additional to any powers of the technical inspector under subsection (1) or subsection (2) or any other territory law. (6) Having seized a thing, a technical inspector may— (a) remove the thing from the premises where it was seized (the place of seizure) to another place; or (b) leave the thing at the place of seizure but restrict access to it. (7) A person commits an offence if— (a) the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (6); and (b) the person does not have a technical inspector’s approval to interfere with the thing.