New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 67A

67A Application for search warrant for location of property-tracking document

(1) If an authorised officer reasonably suspects a property-tracking document is, or may be within 72 hours, in the possession of a person, the officer may--

(a) lay before the Supreme Court an information on oath setting out the grounds, and

(b) apply to the Court for the issue of a search warrant in relation to the person.

(2) 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.

(3) The Supreme Court must not issue a search warrant under this section unless the Court is satisfied--

(a) the document cannot be identified or described with sufficient particularity to obtain a production order in relation to the document, or

(b) a production order has been given in relation to the document and has not been complied with, or

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

(d) the investigation in relation to 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.

(4) The Supreme Court must not issue a search warrant under this section unless--

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

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

(5) The following provisions apply to a search warrant issued under this section--

(a) section 67(4) and (5),

(b) the Law Enforcement (Powers and Responsibilities) Act 2002 , Part 4, Division 4.