New South Wales Consolidated Acts

POLICE INTEGRITY COMMISSION ACT 1996 - SECT 47

47 Seizure of other documents and things

(1) Seizure (cf ICAC Act s 47 (1); RC (PS) Act s 22)
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,

the person may seize the document or other thing and, if it is so seized, it is taken for the purposes of this Act to have been seized pursuant to the warrant.

(2) Retention or return (cf ICAC Act s 47 (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 must 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.

(3) Other disposal If it appears to the Commission:

(a) that there is no person who is entitled to possession of any document or thing referred to in subsection (2), or

(b) that there is such a person, but the person does not wish to have possession of any such document or thing,

the Commission may apply to a Local Court for directions as to its disposal and dispose of it in accordance with the directions given by the Local Court in response to the application.