INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 99 Contents of POCA search warrants

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 99

    A POCA search warrant in relation to a crime within the jurisdiction of the ICC must state that the warrant authorises the seizure of property or a thing found by an authorised officer, or a person assisting in relation to the warrant, in the course of the search if the authorised officer or person assisting believes on reasonable grounds that:

  (a)   the property or thing:

  (i)   is proceeds of the crime that are not of a kind specified in the warrant; or

  (ii)   is evidential material relating to the crime that is not of a kind specified in the warrant; or

  (iii)   is proceeds of, or evidential material relating to, another crime within the jurisdiction of the ICC in relation to which a POCA search warrant is in force; or

  (iv)   is relevant to a proceeding in the ICC in respect of the crime within the jurisdiction of the ICC; or

  (v)   will afford evidence as to the commission of an offence against an Australian law; and

  (b)   the seizure of the property or thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.

Note:   Subject to paragraph   98(3)(d), the POCA search warrant must also state the matters set out in section   227 of the Proceeds of Crime Act.