Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 38

38. (1) A police officer may:

   (a)  search a person for tainted property; or

   (b)  enter upon land, or upon or into premises, and search for tainted
        property; and may seize tainted property that the police officer finds
        in the course of that search if:

   (c)  the police officer believes, on reasonable grounds, that it is
        necessary to do so in order to prevent the concealment, loss or
        destruction of the tainted property; and

   (d)  the search, entry or seizure, as the case may be, is made in
        circumstances of such seriousness and urgency as to require and
        justify immediate search, entry or seizure without the authority of an
        order of the court or of a warrant issued under this Act.

(2) Subsection (1) does not apply in respect of particular tainted property
unless an information has been laid in respect of the relevant offence.

(3) Where a person is searched under this section, the search shall, if it is
practicable in the circumstances to do so, be carried out by a person of the
same sex.