(b) seize Aboriginal ancestral remains if the S. 172(b) authorised officer or Aboriginal heritage amended by No. 11/2016 officer reasonably believes that the remains s. 113(3). are being held in contravention of section 19. 173 Search warrants S. 173(1) (1) An authorised officer may apply to a magistrate amended by for the issue of a search warrant under this section No. 11/2016 s. 114(1). in relation to a particular place. (2) If the magistrate is satisfied that there are S. 173(2) amended by reasonable grounds for believing that an offence Nos 37/2014 s. 10(Sch. against this Act has occurred, or is likely to occur, item 1.2), the magistrate may issue a search warrant 11/2016 s. 114(2). authorising the authorised officer and any police officer and other assistants the authorised officer considers necessary— (a) to enter the place named or described in the warrant; and (b) to search for and seize a thing or things named or described in the warrant. S. 173(3) (3) In addition to a thing named or described in the amended by warrant under subsection (2)(b), the authorised No. 11/2016 s. 114(3). officer executing the warrant may seize any other thing, including an Aboriginal object, present at the place if the authorised officer reasonably believes— (a) that the thing will afford evidence of the commission of an offence against this Act; and (b) that it is necessary to seize the thing to prevent its concealment, loss or destruction. (4) In addition to any other requirement, a search warrant issued under this section must state— (a) the offence suspected; and (b) the place to be searched; and
S. 172(b) amended by No. 11/2016 s. 113(3). (b) seize Aboriginal ancestral remains if the authorised officer or Aboriginal heritage officer reasonably believes that the remains are being held in contravention of section 19. 173 Search warrants S. 173(1) amended by No. 11/2016 s. 114(1). (1) An authorised officer may apply to a magistrate for the issue of a search warrant under this section in relation to a particular place. S. 173(2) amended by Nos 37/2014 s. 10(Sch. item 1.2), 11/2016 s. 114(2). (2) If the magistrate is satisfied that there are reasonable grounds for believing that an offence against this Act has occurred, or is likely to occur, the magistrate may issue a search warrant authorising the authorised officer and any police officer and other assistants the authorised officer considers necessary— (a) to enter the place named or described in the warrant; and (b) to search for and seize a thing or things named or described in the warrant. S. 173(3) amended by No. 11/2016 s. 114(3). (3) In addition to a thing named or described in the warrant under subsection (2)(b), the authorised officer executing the warrant may seize any other thing, including an Aboriginal object, present at the place if the authorised officer reasonably believes— (a) that the thing will afford evidence of the commission of an offence against this Act; and (b) that it is necessary to seize the thing to prevent its concealment, loss or destruction. (4) In addition to any other requirement, a search warrant issued under this section must state— (a) the offence suspected; and (b) the place to be searched; and
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