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CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 43
If property seizure order directed to commission officer
43 If property seizure order directed to commission officer
(1) This section applies if the Supreme Court makes a property seizure order
that is directed to a commission officer.
(2) The order— (a) is taken to be
a search warrant issued by a Supreme Court judge under the
Crime and Corruption Act 2001 in relation to confiscation related evidence as
defined under that Act; and
(b) is taken to authorise a commission officer to
exercise search warrant powers under the Crime and Corruption Act 2001 ,
section 92 , including search warrant powers mentioned in section 92 (2) and
(3) or stated in the order, to the extent necessary for giving effect to the
order.
(3) Property seized under the order is taken to have been seized under
the Crime and Corruption Act 2001 .
(4) The Crime and Corruption Act 2001 ,
section 93 applies to the order as if the order were a search warrant.
(5) It
is sufficient compliance with the Crime and Corruption Act 2001 , section 93
(1) for the commission officer to give the occupier of the place a copy of the
order or, if the occupier of the place is not present, to leave the copy in a
conspicuous place.
(6) The Crime and Corruption Act 2001 , sections 113 and
114 do not apply to property seized under the order.
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