Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 41

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

(1) An authorised person who enters a place with the occupier’s consent may seize a thing in the place if—

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

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

(2) An authorised person who enters a place with a warrant may seize the evidence for which the warrant was issued.

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

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

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

(4) Also, the authorised person may seize a thing in the place if the person reasonably believes that it has just been used in committing an offence against this Act.