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CRIME COMMISSION ACT 2012 - SECT 17 Search warrants

CRIME COMMISSION ACT 2012 - SECT 17

Search warrants

17 Search warrants

(1) An executive officer may apply to an authorised officer for the issue of a search warrant if--
(a) the Commission has reasonable grounds for suspecting that there is, or within one month may be, in or on any premises things of a relevant kind, and
(b) the Commission believes on reasonable grounds that, if a summons were issued for the production of the things, the things might be concealed, lost, mutilated or destroyed.
(2) An authorised officer to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any member of the NSW Police Force, or any other person, named in the warrant--
(a) to enter the premises, and
(b) to search the premises for things of the relevant kind, and
(c) to seize any things of the relevant kind found in or on the premises and deliver things so seized to the Commission, and
(d) in addition, to seize any other thing found in the course of executing the warrant that the person executing the warrant believes on reasonable grounds--
(i) to be evidence that would be admissible in the prosecution of another person for a relevant offence, or for an indictable offence against the law of the Commonwealth, of a State or of a Territory, and
(ii) that it is necessary to seize in order to prevent its concealment, loss, mutilation or destruction, or its use in committing such an offence.
(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
(4) A search warrant issued under this section must include--
(a) a statement of the purpose for which the warrant is issued, and
(b) a description of the kind of things (other than those referred to in subsection (2) (d)) authorised to be seized.
(5) The statement must include a reference to the matter relating to a relevant criminal activity or serious crime concern, or the criminal activities of a criminal group, into or in respect of which the Commission is conducting an investigation and with which the things of the relevant kind are connected.
Note : Covert search warrants may be obtained under Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 .