MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34ZC Contents of POCA search warrants

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34ZC

    A POCA search warrant in relation to a foreign serious offence 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 tainted property of the foreign serious offence that is not of a kind specified in the warrant; or

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

  (iii)   is tainted property of, or evidential material relating to, another foreign serious offence in relation to which a POCA search warrant is in force; or

  (iv)   is relevant to a criminal proceeding in respect of the foreign serious offence in the foreign country that requested the assistance referred to in section   34ZG in relation to that offence; or

  (v)   will afford evidence as to the commission of an Australian criminal offence; 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   34ZB(3)(d), the POCA search warrant must also state the matters set out in section   227 of the Proceeds of Crimes Act.