Commonwealth Consolidated Acts

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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 98

Applying for and issuing search warrants

  (1)   An authorised officer may apply for a search warrant under the Proceeds of Crime Act in respect of the crime that is the subject of the proceeds request, if authorised to do so by the Attorney - General under section   81A.

  (2)   Part   3 - 5 of the Proceeds of Crime Act applies to the application, and to any POCA search warrant issued as a result.

  (3)   It applies as if:

  (a)   a reference in that Part to tainted property were a reference to proceeds of the crime that is the subject of the proceeds request; and

  (b)   a reference in that Part to evidential material were a reference to evidential material as defined in section   4 of this Act for the purposes of this Subdivision; and

  (c)   the words "or section   100, 101 or 102 of the International Criminal Court Act 2002 " were inserted after "this Act" in paragraph   254(1)(a) of the Proceeds of Crime Act; and

  (d)   paragraphs 227(1)(a), (b), (h) and (ha) and 228(1)(d) and (da) and sections   256 to 262 of the Proceeds of Crime Act were omitted.

Note:   Sections   99 and 99A of this Act also apply in relation to a POCA search warrant. Sections   100 to 102 of this Act also apply in relation to property or things seized under such a warrant.



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