New South Wales Consolidated Acts

FINES ACT 1996 - SECT 76

76 Power of entry to execute property seizure order

(1) The person executing a property seizure order may, at any reasonable time of the day or night, enter any premises for the purposes of executing the order.

(2) Subsection (1) does not authorise any such person to enter any part of premises used only for residential purposes without the permission of the occupier of the premises or the authority of a search warrant under this section.

(3) Any such person may apply to an authorised officer for the issue of a search warrant if the person believes on reasonable grounds that there may be property liable to seizure under the property seizure order in any premises.

(4) An authorised officer to whom any such application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any person who is executing the property seizure order to enter the premises and seize property in the premises in accordance with that or any other property seizure order.

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

(6) Without affecting the generality of section 71 of the Law Enforcement (Powers and Responsibilities) Act 2002 , a police officer--

(a) may accompany a person executing a search warrant, and

(b) may take all reasonable steps to assist the person in the exercise of the person's functions under this section.

(7) This section does not authorise a person to seize property under any warrant of execution or order (other than a property seizure order) while the person is in premises in pursuance only of the authority conferred by this section.

(8) In this section--

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

"premises" includes any structure, building, aircraft, vehicle, vessel or place (whether built upon or not).