Division 1(1) In this Part:forfeiture order includes an interstate forfeiture order.
relevant serious offence, in relation to property that is tainted property, means the serious offence by reason of the commission of which the property is tainted property.
serious offence includes an interstate serious offence.
tainted property includes property that:
(a) was used in, or in connection with, the commission of an interstate serious offence, or(b) was substantially derived or realised, directly or indirectly, by any person, from property used in, or in connection with, the commission of an interstate serious offence, or(c) was substantially derived or realised, directly or indirectly, by any person, as a result of the commission of an interstate serious offence, or(d) was substantially derived or realised, directly or indirectly, by any person for the depiction of a serious offence, or the expression of the offender’s thoughts, opinions or emotions regarding the offence, in any public promotion.(2) The question of whether a person has been charged with or convicted of an interstate serious offence shall, for the purposes of this Part, be determined in accordance with the corresponding law of the State concerned.
(1) A member of the Police Force may apply to an authorised officer (within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002) for the issue of a search warrant under this Part if the member has reasonable grounds for believing that there is or, within 72 hours, there will be in or on any premises tainted property of a particular kind.(2) The authorised officer to whom the application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any member of the Police Force:(a) to enter the premises, and(b) to search the premises for tainted property of the particular kind.(3) There shall be set out in a warrant issued under this Part:(a) a statement of the purpose for which the warrant is issued, which shall include a reference to the nature of the relevant serious offence, and(b) a description of the kind of property authorised to be seized.(4) Nothing in this Part limits the operation of Division 2 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002.(5) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this Part.
37 Seizure of property pursuant to 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) If, in the course of searching, in accordance with a warrant issued under this Part, for property that is tainted property in relation to a particular serious offence, being property of a kind specified in the warrant, a member of the Police Force finds any property that the member believes on reasonable grounds to be:(a) tainted property in relation to the serious offence, although not of a kind specified in the warrant, or(b) tainted property in relation to another serious offence,and the member believes on reasonable grounds that it is necessary to seize that property in order to prevent its concealment, loss or destruction or its use in committing, continuing or repeating the serious offence or the other serious offence, the warrant shall be taken to authorise the member to seize that property.(3) The power conferred by this section to seize a thing includes:(a) a power to remove the thing from the premises where it is found, and(b) a power to guard the thing in or on those premises.
38 Search and arrest of persons pursuant to warrants
A member of the Police Force executing a search warrant issued under this Part:(a) may search a person found in or on the premises whom the member reasonably suspects of having property of the kind specified in the warrant, and(b) may arrest and bring before a Magistrate or authorised officer within the meaning of the Criminal Procedure Act 1986 any person found in or on the premises whom the member reasonably suspects of having committed an offence in respect of property seized pursuant to section 37.
39 Issue of warrants if charge not laid
A warrant may be issued under this Part in relation to property whether or not a person has been charged with the relevant serious offence, but an authorised officer shall not issue a warrant under this Part in relation to property where a person has not been charged with the relevant serious offence unless the authorised officer is satisfied:(a) that the property is tainted property, and(b) that it is likely that a person will be charged within 48 hours with the relevant serious offence.
40 Commissioner of Police responsible for seized property
If property is seized pursuant to a warrant issued under this Part, the Commissioner of Police shall arrange for the property to be kept until it is dealt with in accordance with this Act, and shall ensure that all reasonable steps are taken to preserve the property while it is so kept.
(1) If:(a) property has been seized pursuant to a warrant issued under this Part, and(b) at the time when the property was seized, a person has not been charged with the relevant serious offence, and(c) before the expiration of 7 days after the property was seized, a person has not been charged with that offence,then, unless an application for a forfeiture order is made in respect of the property, the Commissioner of Police shall arrange for the property to be returned, at the expiration of that period, to the person from whose possession it was seized.(2) If:(a) property has been seized pursuant to a warrant issued under this Part, and(b) either before the property was seized, or after it was seized but before the expiration of 7 days after it was seized, criminal proceedings have been commenced in respect of the relevant serious offence,then, unless an application for a forfeiture order is made in respect of the property, the Commissioner of Police shall arrange for the property to be returned to the person from whose possession it was seized:(c) if the person is convicted of the offence—at the expiration of 6 months after the relevant time, or(d) if the person is discharged or acquitted of the offence—as soon as possible after the relevant time.(3) If:(a) property has been seized pursuant to a warrant issued under this Part, and(b) a court having jurisdiction to do so refuses to make a forfeiture order in respect of the property in relation to the relevant serious offence,the Commissioner of Police shall arrange for the property to be returned to the person from whose possession it was seized as soon as possible after the relevant time.(4) Where property has been seized pursuant to a warrant under this Part, a person from whose possession the property was seized may apply to an appropriate court for an order under subsection (5).(5) If the court is satisfied that neither it nor any other court having jurisdiction to do so would make a forfeiture order in respect of the property, the court may make an order:(a) directing that the property be returned to the person from whose possession it was seized, or(b) directing that the person be allowed access to the property,on such terms and conditions (if any) as the court thinks fit.(6) A person who applies to a court for an order under subsection (5) shall give notice, as prescribed by the regulations or by rules of court, of the making of the application and of the date, time and place fixed for the hearing of the application.(7) A reference in this section to a person from whose possession property was seized includes a reference to any person who is entitled to the property.(8) A reference in this section to the relevant time is a reference to:(a) subject to paragraph (b), the date of the conviction, discharge or acquittal, or of the refusal to make the forfeiture order, as the case requires, or(b) if there is a right of appeal:(i) where the period provided for the lodging of the appeal has expired without such an appeal having been lodged—the expiration of that period, or(ii) where an appeal has been lodged—the time when the appeal lapses or is finally determined.
42 Obstruction etc of person executing warrant
A person shall not, without reasonable excuse, obstruct or hinder a person executing a search warrant issued under this Part.Maximum penalty: 20 penalty units or imprisonment for 2 years, or both.