CLASSIFICATION OF PUBLICATIONS ACT 1991 - SECT 23
Entry and search—evidence of offences
CLASSIFICATION OF PUBLICATIONS ACT 1991 - SECT 23
Entry and search—evidence of offences
23 Entry and search—evidence of offences
(1) Subject to subsection (3) , if an inspector has reasonable grounds for
suspecting that there is in or on a place a particular thing (
"the evidence" ) that may afford evidence of the commission of an offence
against this Act, the inspector may—
(b) subject to section 35, the inspector may keep the evidence for 1 year or, if a prosecution for an
offence against this Act in the commission of which the evidence may have been
used or otherwise involved is instituted within that period, until the
completion of the proceedings for the offence and of any appeal from the
decision in relation to the proceedings;
(c) if the evidence is a
document—while the inspector has possession of the document, the inspector
may take extracts from and make copies of the document but must allow the
document to be inspected at any reasonable time by a person who would be
entitled to inspect it if it were not in the inspector’s possession.
(3) An
inspector must not enter or board the place or exercise a power under
subsection (1) unless—
(a) the occupier (if any) of the place consents to
the entry or boarding or exercise of the power; or
(b) a warrant under
section 26that was issued in relation to the evidence authorises the entry or
boarding or exercise of the power.
(4) If in the course of searching the
place under subsection (1) under a warrant under section 26, an inspector—
(a) finds a thing that the inspector believes, on reasonable grounds to be—
(i) a thing (other than the evidence) that will afford evidence of the
commission of the offence mentioned in subsection (1) ; or
(ii) a thing that
will afford evidence of the commission of another offence against this Act;
and
(b) the inspector believes, on reasonable grounds, that it is necessary
to seize the thing to prevent—
(i) its concealment, loss or destruction; or
(ii) its use in committing, continuing or repeating the offence mentioned in
subsection (1) , or the other offence, as the case may be;
subsection (2)
applies to the thing as if it were the evidence.