TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 125
Power to seize evidence
TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 125
Power to seize evidence
125 Power to seize evidence
(1) An authorised person who enters a place under this part with a warrant may
seize the evidence for which the warrant was issued.
(2) An authorised person
who enters a place under this part with the occupier’s consent may seize the
particular thing for which the entry was made if the authorised person
believes on reasonable grounds the thing is evidence of an offence against
this Act.
(3) An authorised person who enters a place under this part with a
warrant or with the occupier’s consent may also seize another thing if the
authorised person believes on reasonable grounds—
(a) the thing is evidence
of an offence against this Act; and
(b) the seizure is necessary to prevent
the thing being—
(i) concealed, lost or destroyed; or
(ii) used to commit,
continue or repeat the offence.
(4) An authorised person who enters a place
under this part other than with a warrant or with the occupier’s consent, or
who enters or boards a vehicle, may seize a thing if the authorised person
believes on reasonable grounds—
(a) the thing is evidence of an offence
against this Act; and
(b) the seizure is necessary to prevent the thing
being—
(i) concealed, lost or destroyed; or
(ii) used to commit, continue
or repeat the offence.