Commonwealth Consolidated Acts

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IMPORTED FOOD CONTROL ACT 1992 - SECT 28

Seizures without offence-related warrant in emergency situations

             (1)  This section applies when an authorised officer is on premises under section 23 or by virtue of a warrant issued under section 24.

             (2)  If the authorised officer suspects, on reasonable grounds, that:

                     (a)  a thing relevant to an offence against this Act is in or on premises; and

                     (b)  it is necessary to exercise a power under paragraph (d) or (e) in order to prevent the thing from being concealed, lost or destroyed; and

                     (c)  it is necessary to exercise the power without the authority of a warrant under section 26 because the circumstances are so serious and urgent;

the authorised officer may:

                     (d)  search the premises, and any receptacle in or on the premises, for the thing; and

                     (e)  seize the thing if he or she finds it there.



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