Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 1987 - SECT 35

Powers to search for, and seize, tainted property

  (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;

  (d)   under a warrant issued under section   36; or

  (e)   under section   38.

  (2)   A police officer may:

  (a)   enter upon land, or upon or into premises;

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

  (c)   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 entry, search or seizure, as the case requires, is made:

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

  (e)   under a warrant issued under section   36; or

  (f)   under section   38.

  (2A)   A police officer is not empowered to do anything under this section after the commencement of the Proceeds of Crime Act 2002 unless it is done under a warrant issued under section   36 of this Act for which an application was made under that section before that commencement.

  (3)   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.

  (4)   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.



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