New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 38

38 Search warrants

(1) An authorised officer under this Act may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 , for the issue of a search warrant under this Division if the authorised officer under this Act has reasonable grounds for believing that there is or, within 72 hours, will be on any premises--

(a) anything in which a person has an interest that constitutes serious crime derived property, or

(b) anything in which a person has an interest that constitutes illegally acquired property of a person reasonably suspected of having been engaged in serious crime related activities, or

(c) evidence of a serious crime related activity, or

(d) evidence of illegal activity of a person reasonably suspected of having been engaged in serious crime related activities, or

(e) property an interest in which is subject to a restraining order, or

(f) property reasonably suspected of being unexplained wealth.

(1A) An authorised officer under this Act may apply to an authorised officer, within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 , for the issue of a search warrant under this Division if the authorised officer under this Act suspects on reasonable grounds that property that is unexplained wealth is or, within 72 hours, will be in the possession of a person.

(2) The authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom the application for a search warrant is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised officer under this Act (who, if a member of the Police Force, need not be named in the warrant) to enter the premises and there search for any or all of the property or evidence referred to in subsection (1).

(3) Nothing in this Division limits the operation of Division 2 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 .

(4) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this Division.