New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 36

36 Search warrants

(1) A member of the Police Force may apply to an authorised officer for the issue of a search warrant if the member has reasonable grounds for believing there is or, within 72 hours, there will be in or on premises--

(a) tainted property, or

(b) property the member reasonably suspects is unlawfully acquired and belonging to, or in the effective control of, a person--

(i) against whom a drug trafficker declaration has been made, or

(ii) charged with a serious drug offence and against whom an application for a drug trafficker declaration may be made if the person were to be convicted of the offence.

(2) The authorised officer may, if satisfied there are reasonable grounds, issue a search warrant authorising a member of the Police Force to--

(a) enter the premises, and

(b) search the premises for the property.

(3) The search warrant must--

(a) set out a statement of the purpose for which the warrant is issued, including a description of the relevant serious offence or serious drug offence, and

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

(c) if the warrant relates to a person against whom a drug trafficker declaration has been made--include a copy of the drug trafficker declaration.

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

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

(6) In this section--

"authorised officer" has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002 .