Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 36

36. (1) Where a police officer has reasonable grounds for suspecting that
there is tainted property of a particular kind:

   (a)  on a person;

   (b)  in the clothing that is being worn by a person; or

   (c)  otherwise in a person's immediate control; the police officer may:

   (d)  lay before a magistrate an information on oath setting out those
        grounds; and

   (e)  apply for the issue of a warrant to search the person for tainted
        property of that kind.

(2) Where an application is made under subsection (1) for a warrant to search
a person, the magistrate may, subject to subsection (6), issue a warrant
authorising a police officer (whether or not named in the warrant), with such
assistance, and by such force, as is necessary and reasonable:

   (a)  to search the person for tainted property of that kind; and

   (b)  to seize property found in the course of the search that the police
        officer believes, on reasonable grounds, to be tainted property of
        that kind.

(3) Where a police officer has reasonable grounds for suspecting that there is
upon any land, or upon or in any premises, tainted property of a particular
kind, the police officer may:

   (a)  lay before a magistrate an information on oath setting out those
        grounds; and

   (b)  apply for the issue of a warrant to search the land or premises for
        tainted property of that kind.

(4) Where an application is made under subsection (3) for a warrant to search
land or premises, the magistrate may, subject to subsection (6), issue a
warrant authorising a police officer (whether or not named in the warrant),
with such assistance, and by such force, as is necessary and reasonable:

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

   (b)  to search the land or premises for tainted property of that kind; and

   (c)  to seize property found in the course of the search that the police
        officer believes on reasonable grounds to be tainted property of that
        kind.

(5) A warrant may be issued under subsection (2) or (4) in relation to
tainted property whether or not an information has been laid in respect of the
relevant offence.

(6) A magistrate shall not issue a warrant under subsection (2) or (4) unless:

   (a)  the informant or some other person has given to the magistrate, either
        orally or by affidavit, any further information that the magistrate
        requires concerning the grounds on which the issue of the warrant is
        sought;

   (b)  where an information has not been laid in respect of the relevant
        offence at the time when the application for the warrant is made-the
        magistrate is satisfied:

        (i)    that the property is tainted property; and

        (ii)   that an information will be laid in respect of the relevant
               offence within 48 hours; and

   (c)  the magistrate is satisfied that there are reasonable grounds for
        issuing the warrant.

(7) There shall be included in a warrant issued under this section:

   (a)  a statement of the purpose for which the warrant is issued, including
        a reference to the nature of the relevant offence;

   (b)  a description of the kind of property authorised to be seized; and

   (c)  a time, not being later than the prescribed time, upon which the
        warrant ceases to have effect.

(8) There shall also be stated in a warrant issued under subsection (4)
whether entry is authorised to be made at any time of the day or night or
during specified hours of the day or night.

(9) If, in the course of searching, under a warrant issued under this section,
for tainted property in relation to a particular offence, a police officer
finds:

   (a)  property that the police officer believes, on reasonable grounds, to
        be:

        (i)    tainted property in relation to the offence, although not of a
               kind specified in the warrant; or

        (ii)   tainted property in relation to another indictable offence; or

   (b)  any thing that the police officer believes, on reasonable grounds,
        will afford evidence as to the Commission of a criminal offence; and
        the police officer believes, on reasonable grounds, that it is
        necessary to seize that property or thing in order to prevent its
        concealment, loss or destruction, or its use in committing, continuing
        or repeating the offence or the other offence, the warrant shall be
        deemed to authorise the police officer to seize that property or
        thing.

(10) A police officer acting in accordance with a warrant issued under
subsection (2) may remove, or require a person to remove, any of the clothing
that the person is wearing but only if the removal of the clothing is
necessary and reasonable for an effective search of the person under the
warrant.

(11) A person shall not be searched under this section except by a person of
the same sex.