QLDIn ForceAct
Water Act 2000
sec.757ASeizing evidence
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### sec.757A Seizing evidence
This section applies if, under this part, an authorised officer enters a place after obtaining the consent of an occupier or under a warrant.
If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place if—
the authorised officer reasonably believes the thing is evidence of—
an offence against this Act; or
a Planning Act offence; and
seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
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—
an offence against this Act; or
a Planning Act 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—
an offence against this Act; or
a Planning Act offence.
s 757A ins 2005 No. 19 s 130
amd 2009 No. 36 s 872 sch 2 ; 2013 No. 23 s 352 (1) sch 1 pt 2
(sec.757A-ssec.1) This section applies if, under this part, an authorised officer enters a place after obtaining the consent of an occupier or under a warrant.
(sec.757A-ssec.2) If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place if— the authorised officer reasonably believes the thing is evidence of— an offence against this Act; or a Planning Act offence; 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.757A-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.757A-ssec.4) The authorised officer may seize anything else at the place if the authorised officer reasonably believes— the thing is evidence of— an offence against this Act; or a Planning Act offence; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.
(sec.757A-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— an offence against this Act; or a Planning Act offence.
- (a) the authorised officer reasonably believes the thing is evidence of— (i) an offence against this Act; or (ii) a Planning Act offence; and
- (i) an offence against this Act; or
- (ii) a Planning Act offence; and
- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
- (i) an offence against this Act; or
- (ii) a Planning Act offence; and
- (a) the thing is evidence of— (i) an offence against this Act; or (ii) a Planning Act offence; and
- (i) an offence against this Act; or
- (ii) a Planning Act 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) an offence against this Act; or
- (ii) a Planning Act offence; and
- (i) hidden, lost or destroyed; or
- (ii) used to continue, or repeat, the offence.
- (a) an offence against this Act; or
- (b) a Planning Act offence.