Australian Capital Territory Repealed Acts

This legislation has been repealed.

PROCEEDS OF CRIME ACT 1991 NO 103 (REPEALED) - SECT 39

    (1)         Where a police officer suspects, on reasonable grounds, that there is, or may be within the next following 72 hours, tainted property of a particular kind—

        (a)     on a person; or

        (b)     in the clothing that is being worn by a person; or

        (c)     otherwise in a person's immediate control;

the police officer may—

        (d)     lay before a magistrate an information on oath setting out those grounds; and

        (e)     apply for the issue of a warrant to search the person for tainted property of that kind.

    (2)         Where an application is made under subsection (1) for a warrant to search a person, the magistrate may, subject to subsection (6), issue a warrant authorising a police officer (whether or not named in the warrant), with such assistance, and by such force, as is necessary and reasonable—

        (a)     to search the person for tainted property of that kind; and

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

    (3)         Where a police officer suspects, on reasonable grounds, that there is, or may be within the next following 72 hours, on any land, or on or in any premises, tainted property of a particular kind, the police officer may—

        (a)     lay before a magistrate an information on oath setting out those grounds; and

        (b)     apply for the issue of a warrant to search the land or premises for tainted property of that kind.

    (4)         Where an application is made under subsection (3) for a warrant to search land or premises, the magistrate may, subject to subsection (6), issue a warrant authorising a police officer (whether or not named in the warrant), with such assistance, and by such force, as is necessary and reasonable—

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

        (b)     to search the land or premises for tainted property of that kind; and

        (c)     to seize property found in the course of the search that the police officer believes on reasonable grounds to be tainted property of that kind.

    (5)         A warrant may be issued under subsection (2) or (4) in relation to any property-tracking document or tainted property whether or not an information has been laid in respect of the relevant offence.

    (6)         A magistrate shall not issue a warrant under subsection (2) or (4) unless—

        (a)     the informant or some other person has given to the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is sought; and

        (b)     where an information has not been laid in respect of the relevant offence at the time when the application for the warrant is made—the magistrate is satisfied—

              (i)     that the property is tainted property; and

              (ii)     that an information will be laid in respect of the relevant offence within 48 hours; and

        (c)     the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

    (7)         A search warrant shall—

        (a)     state the purpose for which the warrant is issued, including a reference to the nature of the relevant offence; and

        (b)     include a description of the kind of property authorised to be seized; and

        (c)     specify a time, not being later than the prescribed time, on which the warrant ceases to have effect.

    (8)         There shall also be stated in a warrant issued under subsection (4) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night.

    (9)         If, in the course of searching, under a warrant issued under this section, for tainted property in relation to a particular offence, a police officer finds—

        (a)     property that the police officer believes, on reasonable grounds, to be—

              (i)     tainted property in relation to the offence, although not of a kind specified in the warrant; or

              (ii)     tainted property in relation to another indictable offence; or

        (b)     anything that the police officer believes, on reasonable grounds, will afford evidence as to the commission of a criminal offence;

and the police officer believes, on reasonable grounds, that it is necessary to seize that property or thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant shall be deemed to authorise the police officer to seize that property or thing.

    (10)         A police officer acting in accordance with a warrant issued under subsection (2) may remove, or require a person to remove, any of the clothing that the person is wearing but only if the removal of the clothing is necessary and reasonable for an effective search of the person under the warrant.

    (11)         A person shall not be searched under this section except by a police officer of the same sex.