Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 542

Searches and seizures

  (1)   This section applies if an inspector suspects on reasonable grounds that there is on any land, or on or in any premises, vessel, aircraft or vehicle anything connected with:

  (a)   a particular offence against Part   21 of this Act; or

  (b)   a particular breach of the Spam Act 2003 .

  (2)   The inspector may, with the consent of the owner or occupier of the land, premises, vessel, aircraft or vehicle, or in accordance with a warrant issued under Division   3:

  (a)   enter the land, premises, vessel, aircraft or vehicle; and

  (b)   search the land, premises, vessel, aircraft or vehicle; and

  (c)   break open and search a cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in which the inspector suspects on reasonable grounds there to be anything of a kind referred to in subsection   (1); and

  (d)   examine and seize anything that the inspector suspects on reasonable grounds to be connected with the offence or breach.

  (3)   If an inspector may enter a vessel, aircraft or vehicle under subsection   (2), the inspector may, for that purpose and for the purpose of exercising a power referred to in paragraph   (2)(b), (c) or (d), stop and detain the vessel, aircraft or vehicle.

  (4)   A reference in this section to an offence against Part   21 includes a reference to an offence created by section   6 of the Crimes Act 1914 or Part   2.4 of the Criminal Code that relates to Part   21 of this Act.


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