Australian Capital Territory Numbered Acts

DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 81

    (1)     An authorised person who enters premises or a vehicle under this division with the occupier's consent may seize anything at the premises, or in the vehicle, if—

        (a)     the authorised person believes on reasonable grounds that the thing is connected with an offence against this Act; and

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

        (b)     seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier's consent.

    (2)     An authorised person who enters premises or a vehicle under a warrant may seize anything at the premises, or in the vehicle, that the authorised person is authorised to seize under the warrant.

    (3)     An authorised person who enters premises or a vehicle under this division (whether with the occupier's consent, under a warrant or otherwise) may seize anything at the premises, or in the vehicle, if the authorised person believes on reasonable grounds that—

        (a)     the thing is connected with an offence against this Act; and

        (b)     the seizure is necessary to prevent the thing from being—

              (i)     concealed, lost or destroyed; or

              (ii)     used to commit, continue or repeat the offence.

    (4)     Also, an authorised person who enters premises or a vehicle under this division (whether with the occupier's consent, under a warrant or otherwise) may seize anything at the premises, or in the vehicle, if the authorised person believes on reasonable grounds that the thing—

        (a)     puts the health or safety of people at risk; or

        (b)     may cause damage to property or the environment.

    (5)     The powers of an authorised person under subsections (3) and (4) are additional to the powers of the person under subsections (1) and (2) and any other territory law.

Note     A record, device or other thing seized under this part, or information obtained under this part may, for law enforcement, be given to a public authority, including a public authority of another jurisdiction (see s 181).