INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 47
Seizure pursuant to warrant--special provisions
INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 47
Seizure pursuant to warrant--special provisions
47 Seizure pursuant to warrant--special provisions
(1) If, in the course of searching, in accordance with the terms of a
search warrant, for documents or other things--
(a) the person executing the
warrant finds a document or other thing that the person believes on reasonable
grounds to be evidence that would be admissible in the prosecution of a person
for an indictable offence against the law of the Commonwealth, a State or a
Territory, and
(b) the first-mentioned person believes on reasonable grounds
that it is necessary to seize the document or other thing in order to prevent
its concealment, loss, mutilation or destruction, or its use in committing
such an offence,
that person may seize the document or other thing and, if it
is so seized, it shall be taken, for the purposes of this Act, to have been
seized pursuant to the warrant.
(2) If a document or other thing is seized
pursuant to a search warrant--
(a) the Commission may retain the document or
other thing if, and for so long as, its retention by the Commission is
reasonably necessary for the purposes of an investigation to which it is
relevant, and
(b) if the retention of the document or other thing by the
Commission is not, or ceases to be, reasonably necessary for such purposes,
the Commission shall cause it to be delivered to--
(i) the person who appears
to the Commission to be entitled to possession of the document or other thing,
or
(ii) the Attorney General or the Director of Public Prosecutions, with a
recommendation as to what action should be taken in relation to the document
or other thing.