TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 29B Making of post-entry approval order

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 29B

29B Making of post-entry approval order

A magistrate may make a post-entry approval order only if satisfied—

(a) in the circumstances existing before the exercise of the evidence preservation powers for which the order is sought—

(i) the authorised officer, before exercising the powers, had the required suspicion or belief for exercising them; and

(ii) there was a reasonable likelihood that the evidence for which the powers were exercised would be concealed or destroyed; or

(b) having regard to the nature of the evidence found during the exercise of the powers, it is in the public interest to make the order.