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 228   The things that are authorised by a search warrant  

228(1)    
A * search warrant authorises the * executing officer or a * person assisting:

(a) to enter the * premises and, if the premises are a * conveyance, to enter the conveyance, wherever it is; and

(b) to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; and

(c) to search the premises for the kinds of * tainted property or * evidential material specified in the warrant, and to seize things of that kind found at the premises; and

(d) to seize 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

(da) to seize 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

(e) if the warrant so allows - to conduct an * ordinary search or a * frisk search of a person at or near the premises if the executing officer or a person assisting suspects on reasonable grounds that the person has any tainted property or evidential material in his or her possession.

228(2)    
A * search warrant authorises the * executing officer to make things seized under the warrant available to officers of other * enforcement agencies if it is necessary to do so for the purpose of:

(a) investigating or prosecuting an offence to which the things relate; or

(b) recovering * proceeds of an offence or an * instrument of an offence.