ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 445 Seizure of things (other than specimens involved in a contravention of Part 13A)

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 445

  (1)   Subject to subsections   (2) and (3), an authorised officer may seize a thing if he or she has reasonable grounds to suspect that it is evidential material in relation to an offence against an environmental law, in relation to a contravention of an environmental penalty provision or in relation to both.

  (2)   This section does not apply to a specimen that an authorised officer has reasonable grounds to suspect has been used or otherwise involved in the commission of an offence against Part   13A.

Note:   Section   444A deals with the seizure of such specimens.

  (3)   If a warrant has been issued under Division   4:

  (a)   if the warrant relates to premises--this section does not apply:

  (i)   to the executing officer, or an officer assisting, while he or she is searching premises under the warrant; or

  (ii)   to anything found during the course of such a search; and

  (b)   if the warrant relates to a person--this section does not apply:

  (i)   to the executing officer, or an officer assisting, while he or she is searching a person, or an aircraft, vehicle or vessel, under the warrant; or

  (ii)   to anything found during the course of such a search.

Note:   Division   4 is about search warrants. The Division   contains its own seizure powers (see paragraphs 417(1)(c), (d) and (e) and (2)(b), (c) and (d)).

  (3A)   A reference in this section to an offence against an environmental law does not include an offence against Part   VIIA of the Great Barrier Reef Marine Park Act 1975 (compulsory pilotage).

  (4)   In this section:

"thing" includes a vehicle, vessel, aircraft, platform, document, organism and specimen.