South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 174

174—Powers conferred by warrant

        (1)         A warrant authorises an authorised officer, with such assistants as he or she considers necessary—

            (a)         to seize—

                  (i)         property referred to in the warrant; and

                  (ii)         documents and other material relevant to identifying, tracing, locating or quantifying property referred to in the warrant; and

            (b)         if the warrant authorises a search of a person—to search the person and seize anything that the authorised officer suspects on reasonable grounds to be material liable to seizure under this Act; and

            (c)         if the warrant authorises a search of premises—to enter into, break open and search the premises and anything in the premises and seize anything that the authorised officer suspects on reasonable grounds to be material liable to seizure under this Act.

        (2)         A warrant must not be executed between the hours of 7 o'clock in the evening and 7 o'clock in the following morning unless the magistrate by whom the warrant is issued expressly authorises its execution between those hours.

        (3)         An authorised officer, or a person assisting an authorised officer, may use such force as is reasonably necessary for the execution of a warrant but, subject to subsection (4), must not use force to open a part of the premises or to open anything in the premises, unless the person (if any) apparently in charge of the premises has been given a reasonable opportunity to open the premises or thing.

        (4)         The person apparently in charge of premises need not be given a reasonable opportunity to open the premises or anything in the premises if—

            (a)         it is not possible to give the person such an opportunity; or

            (b)         the authorised officer, or person assisting an authorised officer, reasonably suspects that the premises, or the thing in the premises might be concealed, destroyed, lost or altered if such an opportunity were given.

        (5)         An authorised officer who executes a warrant—

            (a)         must prepare a notice in the prescribed form containing—

                  (i)         the authorised officer's name; and

                  (ii)         the authorised officer's rank or position title (as the case requires); and

                  (iii)         the enforcement agency of which the authorised officer is a member; and

                  (iv)         the name of the magistrate who issued the warrant and the date and time of its issue; and

                  (v)         a description of anything seized under the warrant; and

            (b)         must, as soon as practicable after execution of the warrant—

                  (i)         in the case of a warrant authorising search of a person—give the notice to the person; or

                  (ii)         in any other case—give the notice to the occupier of the premises or leave it in a prominent position on those premises.

        (6)         A warrant, if not executed at the expiration of one month from the date of its issue, then expires.