Australian Capital Territory Repealed Acts

This legislation has been repealed.

PROCEEDS OF CRIME ACT 1991 NO 103 (REPEALED) - SECT 38

    (1)         A police officer may—

        (a)     search a person for tainted property; and

        (b)     seize any property found in the course of the search that the police officer believes, on reasonable grounds, to be tainted property;

but only if the search or seizure, as the case requires, is made—

        (c)     with the consent of the person; or

        (d)     under a warrant issued under section 39; or

        (e)     under section 41.

    (2)         A police officer may—

        (a)     enter on land, or on or into premises; and

        (b)     search the land or premises for tainted property; and

        (c)     seize any document or property found in the course of the search that the police officer believes, on reasonable grounds, to be tainted property;

but only if the entry, search or seizure, as the case requires, is made—

        (d)     with the consent of the occupier of the land or premises; or

        (e)     under a warrant issued under section 39; or

        (f)     under section 41.

    (3)         Where a police officer obtains the consent of the occupier to enter on land, or on or into premises, under subsection (2), the police officer shall ask the occupier to sign a written acknowledgment—

        (a)     that the occupier has been informed that he or she may refuse to consent; and

        (b)     that the occupier has consented; and

        (c)     of the day on which, and the time at which, the occupier consented.

    (4)         Where it is material, in any proceedings, for a court to be satisfied that an occupier has consented to the entry of land or premises by a police officer under subsection (2) and an acknowledgment in accordance with subsection (3) signed by the occupier is not produced in evidence, it shall be presumed that the occupier did not consent, but that presumption is rebuttable.

    (5)         Where a police officer may search a person under this division, the police officer may also search—

        (a)     the clothing that is being worn by the person; and

        (b)     any property in, or apparently in, the person's immediate control.

    (6)         Nothing in this division shall be taken to authorise a police officer to carry out a search by way of an examination of a body cavity of a person.