Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if an inspector enters premises under an investigation warrant to search for evidential material.
(2) The investigation powers include seizing a thing that is not evidential material of the kind specified in the warrant if:
(a) in the course of searching for the kind of evidential material specified in the warrant, the inspector finds the thing; and
(b) the inspector believes on reasonable grounds that the thing affords evidence of one or more of the following:
(i) the commission of an offence against this Act or the Collection Act;
(ii) the contravention of a civil penalty provision;
(iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the Collection Act; and
(c) the inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction or to protect the health of the public or of any person.
(3) If an inspector seizes a thing as mentioned in subsection (2), the investigation powers include:
(a) the power to direct the occupier of the premises or the owner of the thing to keep it at the premises, or at other premises under the control of the occupier or owner that will, in the opinion of the inspector, cause least danger to the health of the public or of any person; and
(b) the power to give any other directions for, or with respect to, the detention of the thing.
(4) A person who is given a direction under subsection (3) must comply with the direction.
(5) A person commits an offence of strict liability if the person contravenes subsection (4).
Note: For strict liability, see section 6.1 of the Criminal Code .
(6) Subsection (4) is a civil penalty provision.
Note: Part 7AB provides for pecuniary penalties for
contraventions of civil penalty provisions.