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INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 - SECT 40AR

Seizure of certain property or things found in the course of search

    A POCA search warrant in relation to a Tribunal offence authorises an authorised officer, or a person assisting in relation to the warrant, to seize property or a thing found by the authorised officer or person assisting in the course of the search if the authorised officer or person assisting believes on reasonable grounds that:

  (a)   the property or thing:

  (i)   is proceeds of the Tribunal offence that are not of a kind specified in the warrant; or

  (ii)   is evidential material relating to the Tribunal offence that is not of a kind specified in the warrant; or

  (iii)   is proceeds of, or evidential material relating to, another Tribunal offence in relation to which a POCA search warrant is in force; or

  (iv)   is relevant to a proceeding in the Tribunal in respect of the Tribunal offence; or

  (v)   will afford evidence as to the commission of an offence against an Australian law; and

  (b)   the seizure of the property or thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.

Note:   Subject to paragraph   40AP(3)(d), the POCA search warrant also authorises the things set out in section   228 of the Proceeds of Crime Act 2002 .



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