New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 67

67 Search warrant for location etc of property

(1) If an application is made under section 66 for a search warrant in respect of premises, the Supreme Court may issue a search warrant authorising an authorised officer (whether or not named in the warrant), with such assistance, and by such force, as is necessary and reasonable--

(a) to enter in or on the premises, and

(b) to search the premises for documents of the kind referred to in section 66 (1), and

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

(2) The Supreme Court shall not 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 given 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.

(3) The Supreme Court shall not issue a search warrant under this section unless--

(a) the informant or some other person has given the Court, either orally or by affidavit, any further information that the Court requires concerning the grounds on which the search warrant is sought, and

(b) the Court is satisfied that there are reasonable grounds for issuing the search warrant.

(4) There shall be stated in a search warrant issued under this section--

(a) the purpose for which the warrant is issued, including a reference to the nature of the serious offence that has been or is believed to have been committed, and

(b) whether entry is authorised to be made at any time of the day or night or only during specified hours of the day or night, and

(c) a description of the kind of documents authorised to be seized, and

(d) a date, not being later than one month after the day of issue of the warrant, on which the warrant ceases to have effect.

(5) If, in the course of searching, under a warrant issued under this section, for a property-tracking document in relation to a particular offence, an authorised officer finds--

(a) any document that the authorised officer believes, on reasonable grounds, to be--

(i) a property-tracking document in relation to the offence, although not of a kind specified in the warrant, or

(ii) a property-tracking document in relation to another serious offence, or

(b) any thing that the authorised officer believes, on reasonable grounds, will afford evidence as to the commission of a criminal offence,

and the authorised officer believes, on reasonable grounds, that it is necessary to seize that document or thing in order to prevent its concealment, loss or destruction, the warrant shall be taken to authorise the authorised officer to seize that document or thing.