Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
Where a police officer suspects, on reasonable grounds, that particular
property is tainted property, the police officer may:
(a) search a person for the property and, if the property is found in
the course of the search, seize the property; or
(b) enter upon land, or upon or into premises, and search for the
property and, if the property is found in the course of the search, seize the
property.
(2)
A police officer shall not exercise a power under subsection (1)
unless:
(a) the police officer believes, on reasonable grounds, that it is
necessary to exercise the power in order to prevent the concealment, loss or
destruction of the property; and
(b) the circumstances are so serious and urgent that they require the
immediate exercise of the power without the authority of an order of a court
or of a warrant issued under this Act.
(2A)
Subsection (1) does not apply in respect of particular property unless an
information has been laid in respect of the offence that the police officer
believes, on reasonable grounds, to be the offence by reason of the commission
of which the property is tainted property.
(2B) If, in the
course of searching, in accordance with subsection (1), for tainted
property in relation to a particular indictable offence, a police officer
finds:
(a) property that the police officer believes, on reasonable grounds,
to be tainted property in relation to another indictable offence; or
(b) any thing that the police officer believes, on reasonable grounds,
will afford evidence as to the commission of a criminal offence;
and the
police officer believes, on reasonable grounds, that it is necessary to seize
that property or thing in order to prevent its concealment, loss or
destruction, or its use in committing, continuing or repeating the offence or
the other offence, the police officer may seize that property or thing.
(3)
Where a person is searched under this section, the search shall, if it
is practicable in the circumstances to do so, be carried out by a person of
the same sex.