Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-5 - SEARCH AND SEIZURE  

Division 1 - Search warrants  

Subdivision A - Issuing search warrants  

SECTION 227   Contents of warrants  

227(1)    
A * search warrant must state:

(a)    the nature of the property in respect of which action has been or could be taken under this Act; and

(b)    the nature of that action; and

(c)    a description of the * premises to which the warrant relates; and

(d)    the kinds of * tainted property or * evidential material that is to be searched for under the warrant; and

(e)    the name of the * authorised officer who is responsible for executing the warrant, unless he or she inserts the name of another authorised officer in the warrant; and

(f)    the time at which the warrant expires (see subsection (2) ); and

(g)    whether the warrant may be executed at any time or only during particular hours; and

(h)    that the warrant authorises the seizure of other things found at the premises in the course of the search that the * executing officer or a * person assisting believes on reasonable grounds to be:

(i) tainted property to which the warrant relates; or

(ii) evidential material in relation to property to which the warrant relates; or

(iii) evidential material (within the meaning of the Crimes Act 1914 ) relating to an * indictable offence;

if he or she believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and

(haa)    

that the warrant authorises the *seizure of a *digital asset if paragraphs 228A(1)(a) to (c) are satisfied; and

(ha)    

that the warrant authorises the seizure of other things found at the premises in the course of the search that the executing officer or a person assisting believes on reasonable grounds to be *things relevant to unexplained wealth proceedings; and

(i)    whether the warrant authorises an * ordinary search or a * frisk search of a person who is at or near the premises when the warrant is executed if the executing officer or a person assisting reasonably suspects that the person has any tainted property or evidential material in his or her possession.

Note:

The power to seize a digital asset under the warrant and certain other powers may be exercised after the warrant expires: see subsection 228A(8) .

227(2)    
The time stated in the * search warrant under paragraph (1)(f) as the time at which the warrant expires must be a time that is not later than:

(a)    if the application for the warrant is made under section 229 (telephone warrants) - 48 hours after the warrant is issued; or

(b)    otherwise, a time that is not later than the end of the seventh day after the day on which the warrant is issued.

Example:

If a warrant is issued at 3 pm on a Monday, the expiry time specified must not be later than midnight on Monday in the following week.

227(3)    
Paragraph (1)(f) does not prevent the issue of successive * search warrants in relation to the same * premises.