New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 81

81 Seizure of other documents and other things

(1) Seizure If, in the course of searching, in accordance with the terms of a search warrant, for documents or other things--

(a) the person executing the warrant finds a document or other thing that the person believes on reasonable grounds to be evidence that would be admissible in the prosecution of a person for an indictable offence against a law of the Commonwealth or a State or Territory, and

(b) the person executing the warrant believes on reasonable grounds that it is necessary to seize the document or other thing in order to prevent its concealment, loss, mutilation or destruction, or its use in committing such an offence,

the person may seize the document or other thing and, if it is so seized, it is taken for the purposes of this Act to have been seized pursuant to the warrant.

(2) Disposal of seized property Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to and in respect of a document or other thing seized pursuant to a search warrant under this Act as if--

(a) a reference in that Part to property seized under that Act were a reference to the document or other thing seized pursuant to the search warrant under this Act, and

(b) the document or other thing were property to which Division 2 of that Part applies, and

(c) a reference to the exercise by a police officer of a power in respect of such property under that Part were a reference to the exercise by a Commissioner of such a power under this Part.