Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 251

Searches without warrant in emergency situations

  (1)   This section applies if an * authorised officer suspects, on reasonable grounds, that:

  (a)   a thing constituting * tainted property or * evidential material is in or on a * conveyance; and

  (b)   it is necessary to exercise a power under subsection   (2) in order to prevent the thing from being concealed, lost or destroyed; and

  (c)   it is necessary to exercise the power without the authority of a * search warrant because the circumstances are serious and urgent.

  (2)   The officer may:

  (a)   stop and detain the * conveyance; and

  (b)   search the conveyance and any container in or on the conveyance, for the thing; and

  (c)   seize the thing if he or she finds it there.

  (3)   If, in the course of searching for the thing, the officer finds another thing constituting * tainted property or * evidential material, the officer may seize that thing if he or she suspects, on reasonable grounds, that:

  (a)   it is necessary to seize it in order to prevent its concealment, loss or destruction; and

  (b)   it is necessary to seize it without the authority of a * search warrant because the circumstances are serious and urgent.

  (4)   The officer must exercise his or her powers subject to section   252.



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