QLDIn ForceAct
Waste Reduction and Recycling Act 2011
sec.215Seizing evidence at a place that may be entered only with consent or warrant
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### sec.215 Seizing evidence at a place that may be entered only with consent or warrant
This section applies if—
an authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and
the authorised person enters the place after obtaining the consent or under a warrant.
If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only 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 explained to the occupier when asking for the occupier’s consent.
If the authorised person enters the place under a warrant, the authorised person may seize the evidence for which the warrant was issued.
The authorised person may also seize anything else at the place if the authorised 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 or destroyed; or
used to continue, or repeat, the offence.
The authorised person may also seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.
(sec.215-ssec.1) This section applies if— an authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the authorised person enters the place after obtaining the consent or under a warrant.
(sec.215-ssec.2) If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only 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 explained to the occupier when asking for the occupier’s consent.
(sec.215-ssec.3) If the authorised person enters the place under a warrant, the authorised person may seize the evidence for which the warrant was issued.
(sec.215-ssec.4) The authorised person may also seize anything else at the place if the authorised 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 or destroyed; or used to continue, or repeat, the offence.
(sec.215-ssec.5) The authorised person may also seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.
- (a) an authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and
- (b) the authorised person enters the place after obtaining the consent or under a warrant.
- (a) the authorised person reasonably believes the thing is evidence of an offence against this Act; and
- (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for 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) 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.