Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 581

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

(1) This section applies if—

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

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

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

(a) the inspector reasonably believes the thing is evidence—

(i) about a matter being investigated by the inspector under chapter 10 , part 4 ; or

(ii) of an offence against this 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 inspector enters the place under a warrant, the inspector may seize the evidence for which the warrant was issued.

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

(a) the thing is evidence—

(i) about a matter being investigated by the inspector under chapter 10 , part 4 ; or

(ii) of an offence against this Act; and

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

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