Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 534

Power to seize things

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

        (a)     the investigator is 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)     An investigator who enters premises under a warrant under this part may seize anything at the premises that the investigator is authorised to seize under the warrant.

    (3)     An investigator 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)     Having seized a thing, an investigator 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.

    (5)     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 (4); and

        (b)     the person does not have an investigator's approval to interfere with the thing.

Maximum penalty: 50 penalty units.

    (6)     An offence against this section is a strict liability offence.



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