Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 228

The things that are authorised by a search warrant

  (1)   A * search warrant authorises the * executing officer or a * person assisting:

  (a)   to enter the * premises and, if the premises are a * conveyance, to enter the conveyance, wherever it is; and

  (b)   to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; and

  (c)   to search the premises for the kinds of * tainted property or * evidential material specified in the warrant, and to seize things of that kind found at the premises; and

  (d)   to seize 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

  (da)   to seize 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

  (e)   if the warrant so allows--to conduct an * ordinary search or a * frisk search of a person at or near the premises if the executing officer or a person assisting suspects on reasonable grounds that the person has any tainted property or evidential material in his or her possession.

  (2)   A * search warrant authorises the * executing officer to make things seized under the warrant available to officers of other * enforcement agencies if it is necessary to do so for the purpose of:

  (a)   investigating or prosecuting an offence to which the things relate; or

  (b)   recovering * proceeds of an offence or an * instrument of an offence.



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