Australian Capital Territory Current Acts

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CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 202

Authorisation given by search warrants

    (1)     A search warrant authorises an executing police officer, or a person assisting—

        (a)     to enter the premises and, if the premises are a vehicle, to enter the vehicle, wherever it is; and

        (b)     to search the premises for the kind of target material stated in the warrant, and to seize things of that kind found at the premises; and

        (c)     to seize any other thing found at the premises in the course of the search that the executing police officer or a person assisting believes on reasonable grounds to be target material in relation to which the warrant relates (including evidence of a relevant offence) or evidence of a summary offence if the police officer believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence; and

        (d)     if the warrant allows—to conduct an ordinary search or frisk search of a person at or near the premises if the executing police officer or a person assisting suspects on reasonable grounds that the person has target material in the person's possession.

    (2)     A search warrant authorises an executing police officer to make things seized under the warrant available to another police officer, any public servant or anyone who holds a position under a territory law, or a law of the Commonwealth, a State or another Territory, if it is necessary to do so for investigating or prosecuting an offence to which the things relate.



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