New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 36

36 Search warrants

(1) A member of the Police Force may apply to an authorised officer (within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 ) for the issue of a search warrant under this Part if the member has reasonable grounds for believing that there is or, within 72 hours, there will be in or on any premises tainted property of a particular kind.

(2) The authorised officer to whom the application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any member of the Police Force:

(a) to enter the premises, and

(b) to search the premises for tainted property of the particular kind.

(3) There shall be set out in a warrant issued under this Part:

(a) a statement of the purpose for which the warrant is issued, which shall include a reference to the nature of the relevant serious offence, and

(b) a description of the kind of property authorised to be seized.

(4) Nothing in this Part limits the operation of Division 2 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 .

(5) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this Part.