Commonwealth Consolidated Acts

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 this Act or the regulations, in relation to contravention of a civil 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)).

             (4)  In this section:

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