New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 45

45 Search warrant for location etc of property

(1) If an application is made under section 44 for a search warrant in respect of premises, the Supreme Court may issue a search warrant authorising an authorised officer (who, if a member of the Police Force, need not be named in the warrant), with such assistance, and by the use of such force, as is necessary and reasonable--

(a) to enter the premises, and

(b) to search the premises for property-tracking documents, and

(c) to seize any document found in the course of the search that the authorised officer believes, on reasonable grounds, to be a property-tracking document.

(1A) If an application is made under section 44 for a search warrant in relation to a property-tracking document reasonably suspected of being in the possession of a person, the Supreme Court may issue a search warrant authorising an authorised officer, with necessary and reasonable assistance, and by the use of necessary and reasonable force to--

(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 officer reasonably suspects is, or contains, a property-tracking document.

(1B) The Law Enforcement (Powers and Responsibilities) Act 2002 , Part 4, Division 4 applies to a search warrant issued under subsection (1A).

(2) The Supreme Court is not to issue a search warrant under this section unless the Court is satisfied that--

(a) the document involved cannot be identified or described with sufficient particularity for the purpose of obtaining a production order in respect of the document, or

(b) a production order has been made in respect of the document and has not been complied with, or

(c) a production order in respect of the document would be unlikely to be effective because there are reasonable grounds to suspect that such a production order would not be complied with, or

(d) the investigation for the purposes of which the search warrant is being sought might be seriously prejudiced if the authorised officer does not gain immediate access to the document without notice to any person.