Queensland Consolidated Acts

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 87RE

87RE Seizing evidence at a place that may be entered only with consent or warrant

(1) This section applies if—

(a) an authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and

(b) the authorised person enters the place after obtaining the consent or under a warrant.

(2) If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if—

(a) the authorised person reasonably believes the thing is evidence of an offence against this Act or the National Injury Act ; and

(b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.

(3) If the authorised person enters the place under a warrant, the authorised person may seize the evidence for which the warrant was issued.

(4) The authorised person may also seize anything else at the place if the authorised person reasonably believes—

(a) the thing is evidence of an offence against this Act or the National Injury Act ; and

(b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.

(5) The authorised person may also seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act or the National Injury Act .