Excise Act 1901

PART IX - OFFICERS  

Division 1A - Search and seizure  

Subdivision C - Seizure of goods believed to be forfeited goods  

SECTION 107CA   WHEN SEIZURE WARRANTS CAN BE ISSUED  

107CA(1)    
A judicial officer may issue a warrant to seize goods on or in particular premises if the judicial officer is satisfied by information on oath that an officer:

(a) has reasonable grounds for suspecting that the goods:

(i) are forfeited goods; and

(ii) are, or within the next 72 hours will be, on or in the premises; and

(b) has demonstrated the necessity, in all the circumstances, for seizure of the goods.

107CA(2)    
In considering whether the officer has demonstrated the necessity, in all the circumstances, for seizure of the goods, the judicial officer may have regard to, but is not limited to, consideration of the following factors:

(a) the seriousness or otherwise of any offence because of the commission of which the goods are believed to be forfeited goods;

(b) the circumstances in which any such offence is believed to have been committed;

(c) the pecuniary or other penalty that might be imposed for any such offence;

(d) the nature, quality, quantity and estimated value of the goods;

(e) whether administrative penalties might be imposed in respect of the goods;

(f) the inconvenience or cost to any person having a legal or equitable interest in the goods if they were seized.

107CA(3)    
If:

(a) the person applying for the warrant has, at any time previously, applied for a warrant relating to the search of, or seizure of goods that are on or in, the same premises; and

(b) the premises are not an excise place;

the person must state particulars of those applications and their outcome in the information.

107CA(4)    
If a judicial officer issues a warrant, the judicial officer is to state in the warrant:

(a) a description of the goods to which the warrant relates; and

(b) a description of the premises on or in which the goods are believed to be located; and

(c) the name of the officer who, unless that officer inserts the name of another officer in the warrant, is to be responsible for executing the warrant; and

(d) the period for which the warrant remains in force, which must not be more than 7 days; and

(e) whether the warrant may be executed at any time or only during particular hours.

107CA(5)    
The judicial officer is also to state in the warrant 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 suspects on reasonable grounds that the person has any forfeited goods of the kind referred to in paragraph (4)(a) in his or her possession.

107CA(6)    
Paragraph (4)(d) does not prevent the issue of successive warrants in relation to the same premises.

107CA(7)    
If the application for the warrant is made under section 107DG , this section applies as if:

(a) subsection (1) referred to 48 hours rather than 72 hours; and

(b) paragraph (4)(d) referred to 48 hours rather than 7 days.

107CA(8)    
A judicial officer of a particular State or Territory may issue a warrant in respect of the seizure of goods on or in premises in another State or Territory.