NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 61 Offence - related searches and seizures

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 61

  (1)   Where an inspector has reasonable grounds for suspecting that there may be on any land or premises any article or thing that may afford evidence as to the commission of an offence against this Act, the inspector may:

  (a)   with the consent of the occupier of the land or premises;

  (b)   pursuant to a warrant issued under subsection   ( 4); or

  (c)   pursuant to section   63;

enter upon the land, or upon or into the premises, and:

  (d)   search the land or premises for any such article or thing; and

  (e)   seize any such article or thing found upon the land or upon or in the premises.

  (2)   Where an inspector has reasonable grounds for suspecting that there is in any vessel, aircraft or vehicle any article or thing that may afford evidence as to the commission of an offence against this Act, the inspector may:

  (a)   with the consent of the person in control of the vessel, aircraft or vehicle;

  (b)   pursuant to a warrant issued under subsection   ( 4); or

  (c)   pursuant to section   63;

enter the vessel, aircraft or vehicle and:

  (d)   search the vessel, aircraft or vehicle for any such article or thing; and

  (e)   seize any such article or thing found in the vessel, aircraft or vehicle.

  (3)   Where an inspector may enter a vessel, aircraft or vehicle under subsection   ( 2), the inspector may, for that purpose and for the purpose of exercising a power referred to in paragraph   ( 2)(d) or (e), stop and detain the vessel, aircraft or vehicle.

  (4)   Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be upon any land or upon or in any premises, vessel, aircraft or vehicle, any article or thing that may afford evidence as to the commission of an offence against this Act and the information sets out those grounds, the Magistrate may issue a search warrant authorising an inspector named in the warrant, with such assistance as the inspector thinks necessary, and if necessary by force:

  (a)   to enter upon the land or upon or into the premises, vessel, aircraft or vehicle;

  (b)   to search the land, premises, vessel, aircraft or vehicle for any such article or thing; and

  (c)   to seize any article or thing that the inspector:

  (i)   finds upon the land or upon or in the premises, vessel, aircraft or vehicle; and

  (ii)   believes on reasonable grounds may be an article or thing connected with that offence.

  (5)   A Magistrate shall not issue a warrant under subsection   ( 4) unless:

  (a)   the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

  (b)   the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.

  (6)   There shall be stated in a warrant issued under subsection   ( 4):

  (a)   the purpose for which the warrant is issued, which shall include a reference to the nature of the offence in relation to which the entry and search are authorised;

  (b)   whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night;

  (c)   a description of the kind of documents, substances, equipment or things to be seized; and

  (d)   a day, not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.

  (7)   Where an inspector seizes any article or thing pursuant to subsection   ( 1) or (2), the inspector may retain the article or thing until the expiration of a period of 60 days after the seizure or, if proceedings for an offence against this Act in respect of which the article or thing may afford evidence are instituted within that period, until the proceedings (including any appeal to a court in relation to those proceedings) are terminated.

  (8)   The Director may authorise any article or thing seized under subsection   ( 1) or (2) to be released to the owner, or to the person from whom the article or thing was seized, either unconditionally or on such conditions as the Director thinks fit, including conditions as to the giving of security for payment of the value of the article or thing if it is forfeited under section   39.