South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 172

172—Warrants authorising seizure of property

        (1)         A magistrate may, on application by an authorised officer, issue a warrant authorising—

            (a)         the seizure of material liable to seizure under this Act; or

            (b)         the search of a particular person, or particular premises, and the seizure of material liable to seizure under this Act found in the course of the search.

        (2)         A magistrate may only issue a warrant under this section if satisfied that there are, in the circumstances of the case, reasonable grounds for issuing the warrant.

        (3)         If a warrant has been issued before the commencement of this subsection authorising (or purporting to authorise) the seizure of money in a bank account held by a financial institution or any other thing as a chose in action—

            (a)         the issuing of the warrant for that purpose is taken to be valid; and

            (b)         seizure of the money or other thing pursuant to the warrant, and any subsequent actions under this Act in relation to the money or thing so seized, are not liable to legal challenge on the basis that the warrant was invalid; and

            (c)         no liability lies against the Crown or any other person in respect of the seizure or subsequent action under this Act.