Western Australian Current Acts

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CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 33

33 .         Property, powers to seize etc.

        (1)         A police officer may seize any property if there are reasonable grounds for suspecting that the property —

            (a)         is crime-used property; or

            (b)         is crime-derived property; or

            (c)         is owned or effectively controlled by a person who has been charged with an offence, and who could be declared to be a drug trafficker under section 32A(1) of the Misuse of Drugs Act 1981 if he or she is convicted of the offence.

        (2)         A police officer may —

            (a)         at any time remove the seized property from the place in which it was found and retain it; or

            (b)         guard the property in the place in which it was found.

        (3)         A police officer may retain or guard the property —

            (a)         if a freezing notice is issued for the property within 72 hours after it was seized — while the freezing notice is in force; or

            (b)         if not — for not more than 72 hours after the property was seized.

        (4)         Any income or other property derived from seized property while it is being retained or guarded is taken for all purposes to be part of the seized property.



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