NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 63 Emergency searches and seizures

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 63

  (1)   Subject to subsection   ( 3), where an inspector believes on reasonable grounds that:

  (a)   there is situated upon any land, or upon or in any premises, vessel, aircraft or vehicle any article or thing that the inspector believes on reasonable grounds will afford evidence of the commission of an offence against this Act; and

  (b)   the exercise of powers under this section is necessary to prevent the concealment, loss or destruction of the article or thing;

the inspector may, with such assistance as the inspector thinks fit, and if necessary by force:

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

  (d)   search for the article or thing; and

  (e)   seize the article or thing.

  (2)   Where an inspector may enter a vessel, aircraft or vehicle under subsection   ( 1), the inspector may, for that purpose and for the purpose of exercising a power referred to in paragraph   ( 1)(d) or (e), stop and detain the vessel, aircraft or vehicle.

  (3)   An inspector shall not exercise powers under subsection   ( 1) unless the power is exercised in circumstances of such seriousness and urgency as to require and justify the immediate exercise of those powers without the authority of a warrant issued under section   61.

  (4)   The reference in subsection   ( 3) to a warrant issued under section   61 includes a reference to such a warrant issued in accordance with section   62.

  (5)   Where an inspector seizes any article or thing pursuant to subsection   ( 1), 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.

  (6)   The Director may authorise any article or thing, seized under subsection   ( 1) 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.