Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 227

Contents of warrants

  (1)   A * search warrant must state:

  (a)   the nature of the property in respect of which action has been or could be taken under this Act; and

  (b)   the nature of that action; and

  (c)   a description of the * premises to which the warrant relates; and

  (d)   the kinds of * tainted property or * evidential material that is to be searched for under the warrant; and

  (e)   the name of the * authorised officer who is responsible for executing the warrant, unless he or she inserts the name of another authorised officer in the warrant; and

  (f)   the time at which the warrant expires (see subsection   (2)); and

  (g)   whether the warrant may be executed at any time or only during particular hours; and

  (h)   that the warrant authorises the seizure of other things found at the premises in the course of the search that the * executing officer or a * person assisting believes on reasonable grounds to be:

  (i)   tainted property to which the warrant relates; or

  (ii)   evidential material in relation to property to which the warrant relates; or

  (iii)   evidential material (within the meaning of the Crimes Act 1914 ) relating to an * indictable offence;

    if he or she believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and

  (ha)   that the warrant authorises the seizure of other things found at the premises in the course of the search that the executing officer or a person assisting believes on reasonable grounds to be * things relevant to unexplained wealth proceedings; and

  (i)   whether the warrant authorises an * ordinary search or a * frisk search of a person who is at or near the premises when the warrant is executed if the executing officer or a person assisting reasonably suspects that the person has any tainted property or evidential material in his or her possession.

  (2)   The time stated in the * search warrant under paragraph   (1)(f) as the time at which the warrant expires must be a time that is not later than:

  (a)   if the application for the warrant is made under section   229 (telephone warrants)--48 hours after the warrant is issued; or

  (b)   otherwise, a time that is not later than the end of the seventh day after the day on which the warrant is issued.

Example:   If a warrant is issued at 3 pm on a Monday, the expiry time specified must not be later than midnight on Monday in the following week.

  (3)   Paragraph   (1)(f) does not prevent the issue of successive * search warrants in relation to the same * premises.



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