sec.69Entry and search—evidence of offences

### sec.69 Entry and search—evidence of offences If an authorised officer has reasonable grounds for suspecting that there is in a place a particular thing (the evidence ) that may afford evidence of the commission of an offence against this Act, the officer may— enter the place; and exercise the powers mentioned in section 70 . If the authorised officer enters the place and finds the evidence— the officer may seize the evidence; and the officer may keep the evidence— for 6 months; or if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and if the evidence is a document—while the officer has possession of the document, the officer— may take extracts from and make copies of the document; and must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession. The authorised officer may enter the place, or exercise a power under subsection (1) , only if— the occupier of the place consents to the entry or exercise of the power; or a warrant under section 72 that was issued in relation to the evidence authorises the entry or exercise of the power. If, while searching the place under subsection (1) under a warrant under section 72 , the authorised officer finds a thing (the secondary evidence ) that is not the evidence, then, subject to subsection (5) , subsection (2) applies to the secondary evidence as if it were the evidence. Subsection (4) applies only if the authorised officer believes, on reasonable grounds, that— the secondary evidence will afford evidence of the commission of— the offence mentioned in subsection (1) ; or another offence against this Act; and it is necessary to seize the secondary evidence to prevent— its concealment, loss, death or destruction; or its use in committing, continuing or repeating either of the offences. (sec.69-ssec.1) If an authorised officer has reasonable grounds for suspecting that there is in a place a particular thing (the evidence ) that may afford evidence of the commission of an offence against this Act, the officer may— enter the place; and exercise the powers mentioned in section 70 . (sec.69-ssec.2) If the authorised officer enters the place and finds the evidence— the officer may seize the evidence; and the officer may keep the evidence— for 6 months; or if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and if the evidence is a document—while the officer has possession of the document, the officer— may take extracts from and make copies of the document; and must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession. (sec.69-ssec.3) The authorised officer may enter the place, or exercise a power under subsection (1) , only if— the occupier of the place consents to the entry or exercise of the power; or a warrant under section 72 that was issued in relation to the evidence authorises the entry or exercise of the power. (sec.69-ssec.4) If, while searching the place under subsection (1) under a warrant under section 72 , the authorised officer finds a thing (the secondary evidence ) that is not the evidence, then, subject to subsection (5) , subsection (2) applies to the secondary evidence as if it were the evidence. (sec.69-ssec.5) Subsection (4) applies only if the authorised officer believes, on reasonable grounds, that— the secondary evidence will afford evidence of the commission of— the offence mentioned in subsection (1) ; or another offence against this Act; and it is necessary to seize the secondary evidence to prevent— its concealment, loss, death or destruction; or its use in committing, continuing or repeating either of the offences. - (a) enter the place; and - (b) exercise the powers mentioned in section 70 . - (a) the officer may seize the evidence; and - (b) the officer may keep the evidence— (i) for 6 months; or (ii) if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and - (i) for 6 months; or - (ii) if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and - (c) if the evidence is a document—while the officer has possession of the document, the officer— (i) may take extracts from and make copies of the document; and (ii) must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession. - (i) may take extracts from and make copies of the document; and - (ii) must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession. - (i) for 6 months; or - (ii) if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and - (i) may take extracts from and make copies of the document; and - (ii) must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession. - (a) the occupier of the place consents to the entry or exercise of the power; or - (b) a warrant under section 72 that was issued in relation to the evidence authorises the entry or exercise of the power. - (a) the secondary evidence will afford evidence of the commission of— (i) the offence mentioned in subsection (1) ; or (ii) another offence against this Act; and - (i) the offence mentioned in subsection (1) ; or - (ii) another offence against this Act; and - (b) it is necessary to seize the secondary evidence to prevent— (i) its concealment, loss, death or destruction; or (ii) its use in committing, continuing or repeating either of the offences. - (i) its concealment, loss, death or destruction; or - (ii) its use in committing, continuing or repeating either of the offences. - (i) the offence mentioned in subsection (1) ; or - (ii) another offence against this Act; and - (i) its concealment, loss, death or destruction; or - (ii) its use in committing, continuing or repeating either of the offences.