Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
A police officer may:
(a) search a person for tainted property; and
(b) seize any property found in the course of the search that the
police officer believes, on reasonable grounds, to be tainted property;
but only if the search or seizure, as the case requires, is made:
(c) with the consent of the person;
(d) under a warrant issued under section 36; or
(e) under section 38.
(2)
A police officer may:
(a) enter upon land, or upon or into premises;
(b) search the land or premises for tainted property; and
(c) seize any property found in the course of the search that the
police officer believes, on reasonable grounds, to be tainted property;
but
only if the entry, search or seizure, as the case requires, is made:
(d) with the consent of the occupier of the land or premises;
(e) under a warrant issued under section 36; or
(f) under section 38.
(2A) A police
officer is not empowered to do anything under this section after the
commencement of the Proceeds of Crime Act 2002 unless it is done under a
warrant issued under section 36 of this Act for which an application was
made under that section before that commencement.
(3)
Where a police officer may search a person under this Division, the
police officer may also search:
(a) the clothing that is being worn by the person; and
(b) any property in, or apparently in, the person’s immediate
control.
(4)
Nothing in this Division shall be taken to authorise a police officer
to carry out a search by way of an examination of a body cavity of a person.