Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 35

35. (1) A police officer may:

   (a)  search a person for tainted property; and

   (b)  seize any property found in the course of the search that the police
        officer believes, on reasonable grounds, to be tainted property; but
        only if the search or seizure, as the case requires, is made:

   (c)  with the consent of the person;

   (d)  under a warrant issued under section 36; or

   (e)  under section 38.

(2) A police officer may:

   (a)  enter upon land, or upon or into premises;

   (b)  search the land or premises for tainted property; and

   (c)  seize any property found in the course of the search that the police
        officer believes, on reasonable grounds, to be tainted property; but
        only if the entry, search or seizure, as the case requires, is made:

   (d)  with the consent of the occupier of the land or premises;

   (e)  under a warrant issued under section 36; or

   (f)  under section 38.

(3) Where a police officer may search a person under this Division, the
police officer may also search:

   (a)  the clothing that is being worn by the person; and

   (b)  any property in, or apparently in, the person's immediate control.

(4) Nothing in this Division shall be taken to authorise a police officer to
carry out a search by way of an examination of a body cavity of a person.