New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 37

37 Seizure of property pursuant to warrants

(1) A member of the Police Force executing a search warrant issued under this Part may seize property of the kind specified in the warrant.

(2) If, in the course of searching, in accordance with a warrant issued under this Part, for property that is tainted property in relation to a particular serious offence, being property of a kind specified in the warrant, a member of the Police Force finds any property that the member believes on reasonable grounds to be:

(a) tainted property in relation to the serious offence, although not of a kind specified in the warrant, or

(b) tainted property in relation to another serious offence,

and the member believes on reasonable grounds that it is necessary to seize that property in order to prevent its concealment, loss or destruction or its use in committing, continuing or repeating the serious offence or the other serious offence, the warrant shall be taken to authorise the member to seize that property.

(3) The power conferred by this section to seize a thing includes:

(a) a power to remove the thing from the premises where it is found, and

(b) a power to guard the thing in or on those premises.