39ZGDiscovery of evidence

39ZG Discovery of evidence

(1) Where an inspector enters wine premises under a warrant under section 39ZF and finds the thing (in this section called the evidence) that may afford evidence of the commission of a label offence and which the inspector entered to find: (a) the inspector may seize the evidence; and (b) the inspector may keep the evidence for 60 days, or, if a prosecution for a label offence in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings; and (c) if the evidence is a book, record or document—while the inspector has possession of the evidence, the inspector must: (i) allow the evidence to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession; and (ii) allow such a person to make a copy of the evidence. (2) If, in the course of searching wine premises entered under section 39ZE or a warrant under section 39ZF, the inspector: (a) finds a thing that the inspector believes, on reasonable grounds to be: (i) a thing (other than the evidence) that will afford evidence of the commission of the label offence mentioned in subsection (1); or (ii) a thing that will afford evidence of the commission of another label offence; and (b) the inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent its concealment, loss or destruction; subsection (1) applies to the thing as if it were the evidence.