New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 37

37 Seizure of property under warrants

(1) A member of the Police Force executing a search warrant issued under this Part may seize property of the kind specified in the warrant.

(2) A search warrant issued under this Part authorises the seizure of property if, in executing the warrant, a member of the Police Force--

(a) finds property the member believes on reasonable grounds to be seizable property, and

(b) believes on reasonable grounds it is necessary to seize the property to prevent the property's--

(i) concealment, loss or destruction, or

(ii) use in committing, continuing or repeating a serious offence or serious drug offence.

(3) The power conferred by this section to seize property includes a power to--

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

(b) guard the property in or on those premises.

(4) In this section--

"seizable property" means--

(a) tainted property, or

(b) property a member of the Police Force 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.