Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 404 — Authorised officers to produce identification
(1) If an authorised officer (subject to subsection (1A)) boards a vehicle, vessel, aircraft or platform under section 403, the authorised officer must: (a) in the case of a member of a police…
Section 405 — Access to premises
(1) An authorised officer may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the powers of an authorised officer under section 406. (2) If an…
Section 406 — Powers of authorised officers
(1) An authorised officer who boards a vehicle, vessel, aircraft or platform under section 403, or enters premises under section 405 may: (a) inspect and search the vehicle, vessel, aircraft,…
Section 406A — Searches under paragraph 406(1)(ba)
(1) A search under paragraph 406(1)(ba) of a person (the subject) may only be conducted by an authorised officer of the same sex as the subject. (2) However, if an authorised officer of the same sex…
Section 406AA — Taking things into possession
(1) This section applies if, in conducting a search referred to in paragraph 406(1)(a) or (ba), an authorised officer or a person who conducts a search because of subsection 406A(2) finds: (a) an…
Section 406B — Thing taken into possession is not a thing seized
A reference in this Act to a thing (however described) seized under this Part or this Act does not include a reference to a thing that has been taken into possession under section 406AA or Schedule 1.
Section 407 — Monitoring powers
(1) For the purposes of this Division, each of the following powers is a monitoring power in relation to particular premises: (a) the power to inspect and search the premises; (b) the power to take…
Section 407A — Operation of electronic equipment at premises
Monitoring powers include the powers set out in this section (1) Monitoring powers in relation to premises include the powers set out in this section. This section does not authorise these powers to…
Section 407B — Compensation for damage to electronic equipment
(1) If: (a) damage is caused to electronic equipment as a result of it being operated as mentioned in section 407A; and (b) the damage was caused as a result of: (i) insufficient care being exercised…
Section 408 — Monitoring searches with occupier’s consent
Entry by consent (1) An authorised officer may, with the consent of the occupier of any premises, enter the premises for the purpose of finding out whether any or all of the provisions of an…
Section 409 — Monitoring warrants
Application for monitoring warrant (1) An authorised officer may apply to a magistrate for a warrant under this section in relation to particular premises. The warrant is to be known as a monitoring…
Section 409A — Monitoring warrants by telephone or other electronic means
Application (1) An authorised officer may make an application to a magistrate for a monitoring warrant by telephone, telex, fax or other electronic means: (a) in an urgent case; or (b) if the delay…
Section 409B — Executing officer to be in possession of warrant
When executing a warrant, the executing officer must be in possession of: (a) the original warrant issued by the magistrate under section 409, or a copy of the original warrant as so issued; or (b)…
Section 410 — Details of monitoring warrant to be given to occupier etc.
(1) If a monitoring warrant in relation to premises is being executed and the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the…
Section 411 — Occupier entitled to be present during search
(1) If a monitoring warrant in relation to premises is being executed and the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the…
Section 412 — Announcement before entry
(1) Before any person enters premises under a monitoring warrant, the executing officer must: (a) announce that he or she is authorised to enter the premises; and (b) give any person at the premises…
Section 412A — Other powers when on premises under monitoring warrant
(1) If the executing officer enters premises under a monitoring warrant, he or she may require a person on the premises to: (a) answer a question asked by the executing officer; or (b) give the…
Section 413 — When search warrants can be issued
(1) A magistrate may issue a warrant authorising an authorised officer to search premises if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for…
Section 414 — Statements in warrants
(1) If a magistrate issues a warrant under section 413, the magistrate is to state in the warrant: (a) each offence and/or environmental penalty provision to which the warrant relates; and (b) a…
Section 415 — Powers of magistrate
(1) A magistrate in a State or internal Territory may: (a) issue a warrant in relation to premises or a person in that State or Territory; or (b) issue a warrant in relation to premises or a person…
Section 416 — Warrants by telephone or other electronic means
Application (1) An authorised officer may make an application to a magistrate for a warrant by telephone, telex, fax or other electronic means: (a) in an urgent case; or (b) if the delay that would…
Section 417 — The things that are authorised by a search warrant
Search of premises (1) A warrant that is in force in relation to premises authorises the executing officer or an officer assisting: (a) to enter the premises; and (b) to search for and record…
Section 418 — Availability of assistance, and use of force, in executing a warrant
(1) In executing a warrant: (a) the executing officer may obtain such assistance as is necessary and reasonable in the circumstances; and (b) the executing officer, or an authorised officer who is…
Section 418A — Executing officer to be in possession of warrant
When executing a warrant, the executing officer must be in possession of: (a) the original warrant issued by the magistrate under section 415, or a copy of the original warrant as so issued; or (b)…
Section 419 — Details of warrant to be given to occupier etc.
(1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the executing officer…
Section 420 — Specific powers available to person executing warrant
(1) In executing a warrant in relation to premises, the executing officer or an officer assisting may take photographs (including video recordings) of the premises or of things at the premises: (a)…
Section 421 — Use of equipment to examine or process things
(1) The executing officer or an officer assisting may bring to the warrant premises any equipment reasonably necessary for the examination or processing of things found at the premises in order to…
Section 422 — Use of electronic equipment at premises
Operation of equipment (1) The executing officer or an officer assisting may operate electronic equipment at the premises to see whether evidential material in relation to an offence against an…
Section 423 — Compensation for damage to electronic equipment
(1) If: (a) damage is caused to equipment as a result of it being operated as mentioned in section 421 or 422; and (b) the damage was caused as a result of: (i) insufficient care being exercised in…
Section 424 — Copies of seized things to be provided
(1) Subject to subsection (2), if an authorised officer seizes, under a warrant relating to premises: (a) a document, film, computer file or other thing that can be readily copied; or (b) a storage…
Section 425 — Occupier entitled to be present during search
(1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is, subject…
Section 426 — Receipts for things seized under warrant
(1) If a thing is seized under a warrant or moved under subsection 421(2), the executing officer or an officer assisting must provide a receipt for the thing. (2) If 2 or more things are seized or…
Section 427 — Restrictions on personal searches
A warrant cannot authorise a strip search or a search of a person’s body cavities.
Section 428 — When a thing is in the possession of a person
This Division applies to a person (the possessor) who has a thing under his or her control in any place (whether for the use or benefit of the possessor or of another person), even if another person…
Section 430 — Powers of arrest
(1) An authorised officer may, without warrant, arrest any person, if the authorised officer believes on reasonable grounds that: (a) the person is committing or has committed an offence against an…
Section 431 — Power to conduct a frisk search of an arrested person
An authorised officer who arrests a person for an offence against an environmental law, or who is present at such an arrest, may, if the authorised officer suspects on reasonable grounds that it is…
Section 432 — Power to conduct an ordinary search of an arrested person
An authorised officer who arrests a person for an offence against an environmental law, or who is present at such an arrest, may, if the authorised officer suspects on reasonable grounds that the…
Section 433 — Power to conduct search of arrested person’s premises
An authorised officer who arrests a person at premises for an offence against an environmental law, or who is present at such an arrest, may seize a thing in plain view at those premises that the…
Section 433A — Interaction of this Division with Schedule 1
This Division does not limit, and is not limited by, Schedule 1. In particular, the detention of a person under Schedule 1 is not to be taken to constitute the arrest of the person for the purposes…
Section 433B — Provisions relating to detention of suspected foreign offenders
Schedule 1 has effect.
Section 434 — Conduct of ordinary searches and frisk searches
An ordinary search or a frisk search of a person under this Part must, if practicable, be conducted by a person of the same sex as the person being searched.
Section 435 — Announcement before entry
(1) An authorised officer must, before any person enters premises under a warrant or to arrest a person under this Act: (a) announce that he or she is authorised to enter the premises; and (b) give…
Section 436 — Offence of making false statements in warrants
A person commits an offence punishable upon conviction by imprisonment for a term not exceeding 2 years if the person: (a) makes a statement in an application for a warrant; and (b) does so knowing…
Section 437 — Offences relating to telephone warrants
A person must not: (a) state in a document that purports to be a form of warrant under section 409A or 416 the name of a magistrate unless the magistrate issued the warrant; or (b) state on a form of…
Section 438 — Retention of things seized under Division 4 or 6
(1) This section applies to a thing that is seized under Division 4 or 6. (2) The thing may be retained until: (a) the reason for the seizure of the thing no longer exists; or (b) it is decided that…
Section 440 — Law relating to legal professional privilege not affected
This Part does not affect the law relating to legal professional privilege.
Section 441 — Other laws about search, arrest etc. not affected
(1) This Part is not intended to limit or exclude the operation of another law of the Commonwealth relating to: (a) the search of persons or premises; or (b) arrest and related matters; or (c) the…
Section 442 — Persons to assist authorised officers
(1) Subject to subsection (5), the owner, or person in charge: (a) of any vehicle, vessel, aircraft or platform boarded by an authorised officer under section 403; or (b) of any premises entered by…
Section 443 — Power to search goods, baggage etc.
(1) This section applies to any goods that are to be, are being, or have been, taken on or off a ship that voyages, or an aircraft that flies, between: (a) a place in Australia and a place outside…
Section 443A — Authorised officer may ask questions about the nature or origin of specimens
When section applies (1) This section applies if an authorised officer has reasonable grounds to suspect that: (a) a specimen has been exported, or is proposed to be exported, in contravention of…