Clause 10

For the purpose of ascertaining whether any offence under this Act has been or is being committed —

any authorised officer or police officer may, without warrant, enter any place in which any wildlife is kept, or is suspected to be kept, and search the place and any person in the place; and

any authorised officer, police officer or officer of customs may, without warrant, stop and enter any conveyance used, or suspected to be used, for carrying wildlife, and search the conveyance and any person in the conveyance.(2) The following persons must provide all necessary assistance and information required by an enforcement officer acting in respect of a place or conveyance under subsection (1):

the owner or occupier of the place;

the owner or person in charge of the conveyance;

any person found in the place or conveyance;

the owner of any wildlife found in the place or conveyance.(3) An enforcement officer acting in respect of a place or conveyance under subsection (1) may —

if the circumstances so warrant, remove anything obstructing the enforcement officer’s entry to the place or conveyance or break open any door, window, lock, fastener, hold, compartment, box, container or any other thing; (b)take any photograph or audio or video recording that the enforcement officer considers necessary of the place or conveyance (including any person and anything in the place or conveyance); and

examine any wildlife (whether alive or dead), or any part of a wildlife, found in the place or conveyance.(4) No compensation is payable to any person in respect of any damage to the person’s property caused or occasioned by any act authorised by subsection (3)(a) or (c).(5) A person in charge of a conveyance who, without reasonable excuse, does not stop the conveyance when required to do so by an enforcement officer under subsection (1)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.Powers of seizure, etc.11B.—

Where an authorised officer or a police officer has reason to believe that an offence under this Act has been committed or is being committed, or where an officer of customs has reason to believe that an offence under this Act relating to import or export has been or is being committed, the authorised officer, police officer or officer of customs may seize the following:

any wildlife (whether alive or dead), part of a wildlife, or article being the subject matter of the offence;

any article or conveyance with which, or by means of which, the offence is reasonably suspected to be, or have been, committed;

any food or drink which accompanies a seized wildlife;

any other thing which appears to be or to contain evidence of the offence.(2) Subject to subsection (4), when any wildlife, article, conveyance or other thing is seized under subsection (1), the enforcement officer who seized it must —

arrange for the seized item to be removed to and detained in a compound, enclosure or other place determined by the Director‑General or an authorised officer for that purpose; and

report the seizure and detention to a Magistrate.(3) The Magistrate may order the further detention or the release of the seized item.(4) Where the seized item is perishable, the Director‑General or an authorised officer may dispose of it in any manner the Director‑General or authorised officer thinks fit.(5) The Director‑General or an authorised officer may subject the seized item to any examination or analysis that the Director‑General or authorised officer (as the case may be) considers necessary for the purposes of this Act.Enforcement officer’s assistants11C. An enforcement officer may be accompanied or assisted by persons necessary for the exercise of the enforcement officer’s powers under section 10A, 11A or 11B.”.