Australian Capital Territory Numbered Acts

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DANGEROUS SUBSTANCES ACT 2004 (NO. 7 OF 2004) - SECT 152

Power to seize things

    (1)     An inspector who enters premises under this chapter with the consent of a person in charge of the premises may seize anything at the premises if—

        (a)     the inspector is satisfied, on reasonable grounds, that the thing is connected with an offence against this Act; and

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

    (2)     An inspector who enters premises under a warrant issued under this chapter may seize anything at the premises that the inspector is authorised to seize under the warrant.

    (3)     An inspector who enters premises under this chapter (whether with the consent of a person in charge of the premises, under a warrant or otherwise) may seize anything at the premises if satisfied, 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 inspector who enters premises under this chapter (whether with the consent of a person in charge of the premises, under a warrant or otherwise) may seize anything at the premises if satisfied, on reasonable grounds, that the thing poses a risk to the health or safety of people or of damage to property or the environment.

    (5)     The powers of an inspector under subsections (3) and (4) are additional to any powers of the inspector under subsection (1) or (2) or any other Territory law.



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