Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1987 No. 120 of 1987 - SECT 39

39. Section 38 of the Principal Act is amended by omitting subsections (1) and
(2) and substituting the following subsections:

"(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.".