BUILDING ACT 2004 - SECT 134B Building inspectors—power to seize things

BUILDING ACT 2004 - SECT 134B

    (1)     A building inspector who enters premises under this part with the occupier's consent 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 occupier when seeking the occupier's consent.

    (2)     A building inspector who enters premises under a warrant under this part may seize anything at the premises that the inspector is authorised to seize under the warrant.

    (3)     A building inspector who enters premises under this part (whether with the occupier's consent, 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, a building inspector who enters premises under this part (whether with the occupier's consent or otherwise) may seize anything at the premises if satisfied 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 a building inspector under subsections (3) and (4) are additional to any powers of the inspector under subsection (1) or any other territory law.

    (6)     Having seized a thing, a building inspector may—

        (a)     remove the thing from the premises where it was seized (the place of seizure ) to another place; or

        (b)     leave the thing at the place of seizure but restrict access to it.

    (7)     A person commits an offence if—

        (a)     the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (6); and

        (b)     the person does not have a building inspector's approval to interfere with the thing.

Maximum penalty: 50 penalty units.

    (8)     An offence against this section is a strict liability offence.