South Australian Current Acts South Australian Current Acts (1) Having seized a
thing, an inspector may—
(a) move
the thing from the place where it was seized (the "place of seizure ); or
(b)
leave the thing at the place of seizure but take reasonable action to restrict
access to it; or
Examples—
1 Sealing a thing and marking it to show access to
it is restricted.
2 Sealing the entrance to a room where the seized
thing is situated and marking it to show access to it is restricted.
(c) if
the thing is plant or a structure—dismantle or cause to be dismantled
the plant or structure.
(2) If an inspector
restricts access to a seized thing, a person must not tamper, or attempt to
tamper, with the thing or something restricting access to the thing without an
inspector's approval.
Maximum penalty:
(a) in
the case of an individual—$10 000;
(b) in
the case of a body corporate—$50 000.
(3) To enable a thing
to be seized, an inspector may require the person in control of it—
(a) to
take it to a stated reasonable place by a stated reasonable time; and
(b) if
necessary, to remain in control of it at the stated place for a reasonable
time.
(4) The
requirement—
(a) must
be made by written notice; or
(b) if
for any reason it is not practicable to give the notice, may be made orally
and confirmed by written notice as soon as practicable.
(5) A further
requirement may be made under this section in relation to the same thing if it
is necessary and reasonable to make the further requirement.
(6) The person must
not, without reasonable excuse, refuse or fail to comply with a requirement
under subsection (3) or (5).
Maximum penalty:
(a) in
the case of an individual—$10 000;
(b) in
the case of a body corporate—$50 000.
(7) Subsection (6)
places an evidential burden on the accused to show a reasonable excuse.