Western Australian Numbered Acts

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DANGEROUS GOODS SAFETY ACT 2004 (NO. 7 OF 2004) - SECT 45

45 .         Effect of entry warrant

        (1)         An entry warrant has effect according to its content and this section.

        (2)         An entry warrant may be executed by any DGO.

        (3)         An entry warrant must be executed between 6 a.m. and 9 p.m. unless the DGO executing it suspects on reasonable grounds that —

            (a)         if the warrant were executed during those hours, the purposes for which it was obtained would be frustrated; or

            (b)         a dangerous goods incident has occurred, or a dangerous situation exists, at the place or in the vehicle to be entered.

        (4)         If in the course of executing an entry warrant a DGO by chance finds a thing that is not specified in the warrant and that the DGO suspects on reasonable grounds is —

            (a)         dangerous goods; or

            (b)         evidence of a contravention of this Act,

                the DGO may seize the thing if the DGO reasonably suspects it is necessary to do so for one or more of these purposes —

            (c)         to prevent the thing from being concealed, damaged, destroyed, interfered with or lost;

            (d)         to preserve the thing’s evidentiary value;

            (e)         to submit the thing to an examination or to testing;

            (f)         to prevent the thing being used in the commission of an offence against this Act.



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