Australian Capital Territory Current Acts

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FIREARMS ACT 1996 - SECT 209

Power to seize things

    (1)     A police officer who enters premises under this part with the occupier's consent may seize anything at the premises if—

        (a)     satisfied on reasonable grounds that the thing is connected with an offence against this Act; and

        (b)     seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier's consent.

    (2)     A police officer who enters premises under a warrant under this part may seize anything at the premises that the officer is authorised to seize under the warrant.

    (3)     A police officer who enters premises under this part (whether with the occupier's consent, under a warrant or otherwise) may seize anything at the premises if satisfied on reasonable grounds that—

        (a)     the thing is connected with an offence against this Act; and

        (b)     the seizure is necessary to prevent the thing from being—

              (i)     concealed, lost or destroyed; or

              (ii)     used to commit, continue or repeat the offence.

    (4)     Also, a police officer who enters premises under this part (whether with the occupier's consent, under a warrant or otherwise) may seize anything at the premises if satisfied on reasonable grounds that the thing is connected with an indictable offence.

    (5)     The powers of a police officer under subsections (3) and (4) are additional to any powers of the officer under subsection (1) or (2) or any other territory law.

    (6)     A police officer who seizes a thing under this section may—

        (a)     remove the thing from the premises where it was seized (the place of seizure ) to another place; or

        (b)     leave the thing at the place of seizure but restrict access to it.

    (7)     A person commits an offence if—

        (a)     the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (6); and

        (b)     the person knows access to the seized thing has been restricted; and

        (c)     the person does not have a police officer's approval to interfere with the thing.

Maximum penalty: 50 penalty units.

    (8)     Strict liability applies to subsection (7) (a).



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