sec.39Seizing evidence

### sec.39 Seizing evidence This section applies if, under this division, an authorised officer enters a place after obtaining the consent of an occupier or under section 30A or a warrant. If the authorised officer enters the place with the occupier’s consent or under section 30A , the authorised officer may seize a thing at the place if— the authorised officer reasonably believes the thing is evidence of a vegetation clearing offence; and either— if the authorised officer entered the place with the occupier’s consent—seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent; or if the authorised officer entered the place under section 30A —seizure of the thing is consistent with the purpose of the proposed entry stated in the written notice of entry given to the occupier under that section. If the authorised officer enters the place with a warrant, the authorised officer may seize the evidence for which the warrant was issued. The authorised officer may seize anything else at the place if the authorised officer reasonably believes— the thing is evidence of a vegetation clearing offence; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence. Also, the authorised officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing a vegetation clearing offence. s 39 amd 2003 No. 10 s 63 ; 2004 No. 1 s 44 (1) sch 1 ; 2018 No. 7 s 24 (sec.39-ssec.1) This section applies if, under this division, an authorised officer enters a place after obtaining the consent of an occupier or under section 30A or a warrant. (sec.39-ssec.2) If the authorised officer enters the place with the occupier’s consent or under section 30A , the authorised officer may seize a thing at the place if— the authorised officer reasonably believes the thing is evidence of a vegetation clearing offence; and either— if the authorised officer entered the place with the occupier’s consent—seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent; or if the authorised officer entered the place under section 30A —seizure of the thing is consistent with the purpose of the proposed entry stated in the written notice of entry given to the occupier under that section. (sec.39-ssec.3) If the authorised officer enters the place with a warrant, the authorised officer may seize the evidence for which the warrant was issued. (sec.39-ssec.4) The authorised officer may seize anything else at the place if the authorised officer reasonably believes— the thing is evidence of a vegetation clearing offence; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence. (sec.39-ssec.5) Also, the authorised officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing a vegetation clearing offence. - (a) the authorised officer reasonably believes the thing is evidence of a vegetation clearing offence; and - (b) either— (i) if the authorised officer entered the place with the occupier’s consent—seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent; or (ii) if the authorised officer entered the place under section 30A —seizure of the thing is consistent with the purpose of the proposed entry stated in the written notice of entry given to the occupier under that section. - (i) if the authorised officer entered the place with the occupier’s consent—seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent; or - (ii) if the authorised officer entered the place under section 30A —seizure of the thing is consistent with the purpose of the proposed entry stated in the written notice of entry given to the occupier under that section. - (i) if the authorised officer entered the place with the occupier’s consent—seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent; or - (ii) if the authorised officer entered the place under section 30A —seizure of the thing is consistent with the purpose of the proposed entry stated in the written notice of entry given to the occupier under that section. - (a) the thing is evidence of a vegetation clearing offence; 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.