If entry is obtained under a search warrant, then the inspector may take samples or seize objects for evidence as well as inspect, examine, and give directions to the occupier. It is an offence for the occupier to refuse to comply with directions.
Items seized under a search warrant may be removed for examination or processing if there are reasonable grounds to believe they relate to the warrant and it is significantly more practicable to remove them. Seized items may be moved to another place for no longer than 72 hours. Application can be made to a magistrate for an extension of this time. An inspector must give notice of such an application to an occupier and the occupier is entitled to be heard on the application. An inspector who seizes an item must give a receipt for it to the person from whom it is seized. A receipt secured conspicuously at the place of seizure may suffice in certain circumstances.
If practicable, an inspector must tell an occupier where and when examination or processing will happen and allow the occupier or their representative to be present during the examination or processing. A person who would be entitled access to an item seized may inspect it and, if it is a document, take extracts or make copies of it. It is an offence to interfere with a seized item to which access has been restricted.
Items must be returned or reasonable compensation paid to an owner for the loss of items, irrespective of whether an infringement notice is served or withdrawn, if there is no prosecution within one year after seizure or if prosecution is commenced within the one year and the offence is found not proved. Items must also be returned or reasonable compensation must also be paid where liability for a thing is disputed and the offence is not proved. Any items that need not be returned or compensated for are forfeited to the ACT Government and may be sold, destroyed or otherwise disposed of as directed by the Chief Planning Executive.
