PROCEEDS OF CRIME ACT 1987 - SECT 72 Search warrants in relation to foreign offences

Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 1987 - SECT 72

Search warrants in relation to foreign offences

(1) Where a police officer is authorised, under the Mutual Assistance Act, to apply to a court for a search warrant under this Act in relation to a property‑tracking document in respect of a foreign serious offence, the police officer may apply for the warrant accordingly and this Division applies to the application and to any warrant issued as a result of the application as if:

(a) a reference in this Division to an indictable offence were a reference to the foreign serious offence;

(b) paragraph 71(1)(c) referred to the court specified in the police officer’s authorisation under the Mutual Assistance Act; and

(2) If, in the course of searching, under a warrant issued under section 71, for a property‑tracking document in relation to a foreign serious offence, a police officer finds:

(a) any document that the police officer believes, on reasonable grounds, to be a property‑tracking document in relation to the offence, although not of the kind specified in the warrant; or

(b) any thing that the police officer believes, on reasonable grounds:

(i) to be relevant to a criminal proceeding or a criminal investigation in the foreign country in respect of the offence; or

(ii) will afford evidence of the commission of a criminal offence;

and the police officer believes, on reasonable grounds, that it is necessary to seize that document or thing in order to prevent its concealment, loss or destruction, the warrant shall be deemed to authorise the police officer to seize that document or thing.

(3) Where a police officer takes possession of a document under a warrant issued in respect of a foreign serious offence, the police officer may retain the document for a period not exceeding one month pending a written direction from the Attorney‑General as to the manner in which the document is to be dealt with (which may include a direction that the document is to be sent to an authority of the foreign country that requested the issue of the warrant).