Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 406

  (1)   An authorised officer who boards a vehicle, vessel, aircraft or platform under section   403, or enters premises under section   405   may:

  (a)   inspect and search the vehicle, vessel, aircraft, platform or premises, as the case may be; and

  (aa)   take photographs (including a video recording), and make sketches, of the premises or of any substance or thing on the vehicle, vessel, aircraft, platform or premises; and

  (b)   inspect, take extracts from, and make copies of, any document that is, or that the authorised officer suspects on reasonable grounds is, evidential material in relation to an offence against an environmental law, in relation to a contravention of an environmental penalty provision or in relation to both; and

  (ba)   in the case of an authorised officer who boards a vessel under section   403--subject to section   406A, search without warrant:

  (i)   a person on the vessel; and

  (ii)   the person's clothing;

    to find out whether there is hidden on the person or in the clothing:

  (iii)   an eligible seizable item; or

  (iv)   a thing that may be evidential material in relation to an offence against an environmental law, in relation to a contravention of an environmental penalty provision or in relation to both; and

  (c)   inspect, and take samples of, any other evidential material in relation to an offence against an environmental law, in relation to a contravention of an environmental penalty provision or in relation to both; and

  (ca)   take measurements of, and conduct tests on, the vehicle, vessel, aircraft, platform or premises or any substance or thing on the vehicle, vessel, aircraft, platform or premises; and

  (d)   exercise powers of seizure conferred on the authorised officer by section   444A or 445; and

  (e)   take onto the vehicle, vessel, aircraft, platform or premises any equipment or material reasonably necessary for the purpose of exercising a power referred to in any of the other paragraphs of this subsection.

  (2)   For the purposes of this Part, evidential material means:

  (a)   in relation to an offence against an environmental law:

  (i)   any thing with respect to which the offence has been committed or is suspected, on reasonable grounds, of having been committed; or

  (ii)   any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of the offence; or

  (iii)   any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing the offence; and

  (b)   in relation to a contravention of an environmental penalty provision:

  (i)   any thing with respect to which the environmental penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or

  (ii)   any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the contravention of the environmental penalty provision; or

  (iii)   any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of contravening the environmental penalty provision.

  (2A)   A reference to a thing in subsection   (2) includes a reference to any such thing in electronic form.

  (3)   For the purposes of exercising a power under subsection   (1), an authorised officer may break open any hold or compartment, or any container or other receptacle (including any place that could be used as a receptacle), on a vehicle, vessel, aircraft or platform or on any premises.