New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 39

39 Seizure of property and searching of person

(1) The person or persons executing a search warrant under this Division may seize anything that might reasonably be suspected of being--

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

(b) something 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) unexplained wealth.

(2) The power conferred by this section to seize anything includes--

(a) power to remove it from the premises where it is found, and

(b) power to guard it on those premises.

(3) A person executing a search warrant issued under this Division may search a person found on the premises who might reasonably be suspected of being in possession of property or evidence that may be seized under this section.

(3A) A person executing a search warrant issued under this Division in relation to unexplained wealth in the possession of a person may, by the use of necessary and reasonable force--

(a) stop, search and detain the person, and

(b) seize and detain all or part of a thing--

(i) found as a result of the search, and

(ii) that the person reasonably suspects is unexplained wealth.

(4) A person executing a search warrant issued under this Division may--

(a) examine any property or evidence seized in executing the warrant, and

(b) inspect and test any such property, and

(c) in the case of evidence that is a document--make copies of, and take extracts from, the document.